RAMESH TIMAYYA GHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-original accused has challenged the judgment and order dated 3rd September, 1996 in Sessions Case No.57 of 1993 passed by the learned Addl. Sessions Judge Baramati, Dist. Pune. By the said judgment and order, the appellant came to be convicted for the offence under Section 304-II of IPC and he came to be sentenced to RI for five years and to pay a fine of Rs.1000/- i/d RI for six months.

(2.) THE prosecution case briefly stated is as under: On the day of incident at about 9 p.m. Raju brother of PW 11 Babita went to watch TV. Within 5 to 10 minutes, he returned home. He laid down on the cot. Immediately, thereafter, the appellant followed him and he started giving fist blows on the chest and stomach of Raju. Thereafter the appellant brought Raju out of his house. Even in the lane, he assaulted Raju with fist blows on his chest and stomach. Raju somehow got himself released and ran away. After some time, Raju told that he was feeling uneasy and hence, he was rushed to the hospital. However, when he was taken to the hospital, Doctor pronounced him as dead. Hence, FIR came to be lodged against the appellant. After completion of investigation, charge sheet came to be filed.

(3.) THE appellant has also preferred Cri. Application No.1249 of 2010 wherein he has prayed for bail.