ANIL CHANDRAKANT LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Criminal Appeal is directed against the judgment and order dated 8.5.2001 passed by the Sessions Judge, Sangli in Sessions Case No. 114 of 1999, whereby the learned Sessions Judge found the appellant/accused guilty of offence punishable under section 302 of Indian Penal Code and sentenced him to suffer imprisonment for life and fine in the sum of Rs. 500/- in default to suffer R.I. for three months. Being aggrieved by the judgment and order of conviction, present appeal is filed by the appellant through jail.

(2.) Briefly stated the facts of the prosecution case are that : First informant Manik (P.W. 4) had lodged the report bearing Crime No . 70 of 1999 (Exh. 16) at Miraj City Police Station in respect of assault by means of knife by Anil Chandrakant Londhe (appellant herein). In the result, Shakuntala (first informant's sister), who had intervened dur-ing the exchange of words between Manik 8s Anil. Anil had rushed towards Manik with but when Shakuntala intervened Anil assaulted her on her chest and leg. In the result, she suffered death on the spot as a result of stab injuries.

(3.) It is case of the prosecution that first informant Manik Sapate (P.W. 4) resided at Zharibag hutment along with his wife Gauri (P.W. 5) and two sisters Kamal 6b Shakuntala (deceased). Manik had gone to Visawa hotel for cup of tea on 29.3.1999 at about 4:00 p.m. he saw Anil and Gauri at one corner. On the same day, between 8:30 p.m. to 8:45 p.m. he was proceeding towards market with Shakuntala to purchase tea powder. When they were near "DoBhai Lodge", Anil had arrived there and accosted him over the visit to Visawa hotel in noon time. Thus according to the prosecution, the incident occurred where Anil rushed towards Manik with knife and while Shakuntala had intervened.