PRABHAKAR VITHAL GHOLVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the impugned judgment and order under appeal dated 06.01.2014 the High Court of Judicature at Bombay dismissed Criminal Appeal No.87 of 2005 preferred by the appellant and confirmed his conviction for an offence under Section 302 of the IPC as well as sentence of life imprisonment and fine of Rs.1000/- with a default clause as imposed by the Addl. Sessions Judge, Solapur by judgment dated 31.12.2004 in Sessions Case No.132 of 2004.

(2.) The main issue raised by learned counsel for the appellant is whether conviction of the appellant under Section 302 IPC is justified and lawful when the prosecution, as per submissions, has failed to allege and prove any motive for the assault upon the deceased at the hands of the appellant and another accused Balu, a juvenile. It is also contended that the courts below failed to appreciate the implications of evidence of PW-6, Bapulal Shaikhlal Golve who is the brother of the deceased and an eye witness. It was also pointed out that the courts below including the High Court did not appreciate that as per the evidence of the doctor, PW-5 who had conducted the post mortem examination on the dead body of the deceased, the appellant had also sustained two injuries including one contused lacerated wound over left side of forehead above the left eye 2.0 cms x 0.5 cms vertical. The other injury was an abrasion over back central region 0.5 cms x 0.5 cms. Both the injuries were by hard and blunt object.

(3.) On the basis of aforesaid materials, according to learned counsel for the appellant the conviction could at best be valid under Section 304 Part I and not under Section 302 of the IPC.