PARASRAM S/OGANGARAM KHOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT who was sentenced to suffer life imprisonment for the offence punishable u/s. 302 of the IPC and to pay fine in the sum of Rs.2,000/-, in default to suffer SI for one year in Sessions Case No.52/2009, by judgment and order dated 19/03/2010, passed by the Ad-hoc Additional Sessions Judge, Beed, have questioned the correctness of his conviction and sentence.

(2.) SUCH of the facts as are necessary for the decision of this appeal can be summarized as follows :

(3.) BY drawing our attention to this evidence given by the medical expert, it is urged that the medical evidence is not sufficient to hold that the death of deceased Minabai is a homicidal death. It is further submitted that to held the accused guilty for an offence punishable u/s. 302 of The IPC, it is necessary for the prosecution to establish that the death of the victim is a homicidal death and further the prosecution to establish that the appellant/accused had an intention to cause homicidal death of the victim. It is submitted across the bar that considering the medical evidence, prosecution failed to establish that the death of deceased Mina is a homicidal death.