SHRAWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against the judgment and order of Sessions Case No.83/2006 decided by District Judge-1 & Additional Sessions Judge, Shrirampur. By the decision dated 30.10.2009 the Trial Court has convicted and sentenced the appellant for the offence punishable under section 302 and also for the offence punishable under section 324 read with 34 of the Indian Penal Code (IPC).

(2.) In short, the facts leading to the institution of this appeal can be stated as follows:

(3.) The advocate of the appellant did not dispute that the conviction given for the offence punishable under section 324 read with 34 of IPC is sustainable. Dagdu and Ganesh are also convicted for the offence punishable under section 324 read with 34 of IPC by the Trial Court and they are released on executing bond of good behaviour. In the appeal it was submitted for appellant that the prosecution evidence is not sufficient to infer that there was intention to commit murder of Bhausaheb. It was submitted that the evidence given by witnesses show that there was scuffle and there are also the circumstances to create the probability that appellant was exercising his right of private defence. It was submitted that there was no intention to murder Bhausaheb and the injury in question was also not intentionally caused. It was submitted that if the Court comes to the conclusion that there was no exercise of right of private defence, on the basis of evidence, scuffle can be inferred and the appellant can be convicted and sentenced for an offence punishable under section 304-II of IPC. The attention of this Court was drawn to the written say given by the accused along with the statements under section 313 of Cr.P.C. in the Trial Court. The attention of this Court was also drawn to the suggestions given to the eye witnesses in this regard for the defence.