LAL SAHEB MAHANAND PAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the Appellant and the learned APP for the State.

(2.) The Appellant takes exception to the judgment and order passed by the III Ad-hoc Additional Sessions Judge, Thane dated 30.11.2005 whereby the Appellant was convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1,000/- and, in default, to undergo simple imprisonment for three months.

(3.) Shri Chaudhry, the learned counsel appearing on behalf of the Appellant, at the outset, submitted that the Appellant did not wish to challenge the finding of the Trial Court, so far as the incident in question is concerned. He submitted that even if the prosecution case is accepted, even then an offence under section 302 of the Indian Penal Code is not made out and at the most, the said offence would amount to an offence punishable under section 304-Part II of the India Penal Code.