BALU KONDIBA THENGIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is the original accused No.2. He has been convicted for the offence punishable under section 302 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for life. He is also convicted for the offence punishable under section 452 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year. Being aggrieved by the said judgment and order, the appellant has preferred this appeal in this court.

(2.) Brief facts are as under:-

(3.) Prosecution case, in brief, is that on 10/4/1989, at about 5.00 P.M., accused Nos. 1 to 5 entered the house of deceased Apparao and all of them assaulted the deceased with knife in his house situated at Warad Chawl. According to prosecution, brother of Apparao was also assaulted with knife and, thereafter, the accused ran away. Apparao and Mallinath were taken to the General Hospital, Solapur where Apparao was pronounced to be dead and, thereafter, Mallinath was treated in the hospital and he was discharged on 29/04/1989. An FIR was registered against the accused and they were arrested. Postmortem was performed by Dr. Kanaki who has stated that the injury on the neck was sufficient in the ordinary course of nature to cause death. Statements of witnesses were recorded. Prosecution examined 19 witnesses in support of its case and the accused examined four witnesses and raised a plea of alibi.