ARUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ) and sentence of imprisonment for life and a fine of Rs. 500/- with default stipulation. He was also convicted for offence punishable under Section 324 IPC and sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 250/- with default stipulation. He was also convicted for offence punishable under Section 342 IPC and sentenced to undergo RI for three months and fine of Rs. 100/- with default stipulation. Additionally, he was charged for offence punishable under Section 454 IPC and he was separately sentenced to suffer RI for a period of one year and to pay a fine of Rs. 250/- with default stipulation. Two others co-accused persons were acquitted by the trial Court of all charges. Both the appellant and the State filed appeals. The State s appeal was directed against the acquittal of accused Nos. 2 and 3 and the same was dismissed at the admission stage.

(2.) Background facts giving rise to the trial as projected by the prosecution are as follows:

(3.) In support of the appeal, learned Counsel for the appellant submitted that there was an earlier FIR which was suppressed and after deliberation report was lodged which was treated as a FIR. It was the deceased who was the aggressor and the appellant was exercising his right of private defence. According to him, the deceased gave four blows on his head and, therefore, the judgment of the High Court is clearly unsustainable.