SHIVAJI LAXMAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Mane for the appellant accused and Mr. Pravin Singhal, learned A. P. P. , for the State.

(2.) THE appellant before this Court is accused No. 1. He is convicted under section 304 (Part II) of I. P. C. and is sentenced to suffer R. I. for 5 years and fine of Rs. 2,000/- in default R. I. for six months.

(3.) MR. Mane contended that he would be restricting his submissions only to the extent of reducing the sentence because according to him there is evidence on record to hold that the accused acted in self defence. He relied upon the deposition of D. W. 3 Ranjit Shinde who was admittedly an eye-witness to the incident even according to the prosecution because his statement was recorded by the police during investigation. This witness Ranjit Shinde- D. W. No. 3 has stated in his evidence that he was there when the quarrel took place between deceased, accused and others and no has stated that: