ACQUINO AVITH MARTIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under sections 302, 309 of Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs.10,000.00 (Ten Thousand Only), in default, to suffer R.I. for 6 months by the Ad-hoc District Judge - 3 and Additional Sessions Judge, Thane in Sessions Case No.301 of 2009 vide judgment and order dtd. 2/5/2012. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :-

(3.) P.W.-7 Koli opined that the injuries were dangerous and the cause of death was due to injury on the vital organ (heart) of the injured. He proved the contents of Exh.34 which are the post-mortem notes. All that is elicited in the cross-examination of P.W.7 is that the injury nos.1 to 3 are minor injuries, however, injury no.4 is a dangerous injury and is not possible in the course of free fight.