MACHHINDRA @ AVINASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri R. M. Daga, learned counsel for the appellant, and Shri T. A. Mirza learned counsel for respondent/State.

(2.) The challenge in this appeal is to the judgment and order dated 19/06/2018 made by learned Principal District and Sessions Judge, Nagpur in Sessions Trial No. 513/2014 convicting the appellant for the offense under Sec. 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 5000.00 , in default to suffer rigorous imprisonment for six months.

(3.) The prosecution version is that there was some dispute between the families of the deceased-Sudhir and the appellantMachhindra over their children 's clothing. Therefore, on 12/05/2014, Machhindra came to Sudhir 's house and enquired with Sudhir 's wife Kalpana (PW1) whether Sudhir was at home and if so to send Sudhir out. After Sudhir came out, there was a quarrel between Sudhir and Machhindra on the road and Machhindra murdered Sudhir by inflicting no less than eight grievous injuries with a knife that he had carried with him. According to the prosecution, this murderous assault was witnessed entirely by Shubhangi (PW2), the daughter of Kalpana 's sister, and partly by Adesh (PW3), Kalpana, and Sudhir 's son.