YATENDRASINGH AJABSINGH CHAUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal challenges the judgment dtd. 23/6/2016 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 616 of 2009, thereby dismissing the appeal filed by the appellant challenging the Order dated 4/5/5/2009 passed by the Additional Sessions Judge, Mumbai (hereinafter referred to as "the trial court") convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short "IPC") and sentencing him to undergo life imprisonment and fine of Rs.5,000.00 and, in default, to suffer simple imprisonment for one month.

(2.) The prosecution story in brief is thus:

(3.) Mr. S.R. Singh, learned Senior Counsel appearing on behalf of the appellant submits that, from the perusal of the prosecution witness itself, it would reveal that the appellant did not have any intention to commit the murder of the deceased. He submits that in an altercation between the appellant and the deceased, the appellant on being provoked by the deceased lost his control and unintentionally shot the deceased.