SURESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant is challenging the judgment and order of conviction passed by learned Additional Sessions Judge, Nagpur in Sessions Trial No. 383/2014 for which the Court below has convicted the appellant for the offence punishable under Section 326 of the Indian Penal Code and directed that he shall suffer rigorous imprisonment for 6 years and pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for 6 months.

(2.) A.P.I. Rajesh Puri (PW6) lastly received case diary of Crime No.131/2014 and filed charge-sheet before the Court of law for an offence punishable under Section 302 of the IPC. The learned Magistrate committed the case to the Court of Sessions.

(3.) After committal, the learned Additional Sessions Judge framed the charge against the appellant that he committed murder of one Sukhram Jagan Ramteke on 24.05.2014 by means of an iron rod. Therefore, charge was framed for an offence punishable under Section 302 of the ICP. Appellant denied the charge and claimed for his trial. In order to bring home guilt of the appellant for the said charge, the prosecution has examined in all 16 witness and also relied upon various documents, which were proved in due course of time by the trial Court. After appreciation of the entire prosecution case, the Court below acquitted the appellant of the offence under Section 302 of the IPC however found that the appellant has committed an offence under Section 326 of the IPC and therefore passed the impugned judgment and order.