SOPAN SUDAM PAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 29/6/2016 passed by the Additional Sessions Judge, Nashik in Sessions Case No.44/2014. The Appellant was convicted for commission of offence punishable under Sec. 302 of the Indian Penal Code and he was sentenced to suffer life imprisonment and to pay a fine of Rs.1,000.00; and in default, to suffer simple imprisonment for one month. The Appellant was also convicted for commission of offence punishable under Sec. 307 of the Indian Penal Code and was sentenced to suffer R.I. for seven years and to pay a fine of Rs.1,000.00; and in default, to suffer simple imprisonment for one month. The Appellant was granted set off as per Sec. 428 of Code of Criminal Procedure, 1973. Both the sentences were directed to run concurrently.

(2.) Heard Shri Shailesh Kharat, learned counsel for the Appellant and Ms. Veera Shinde, learned APP for the State.

(3.) The prosecution case is reflected in the charge framed in this case. At about 8.30 p.m. on 15/10/2013 there was some quarrel between the Appellant on one hand and Vishal Chaudhari (the deceased in this case) as well as Vijay Ippar (the injured in this case) on the other. Because of this quarrel, in the night between 15/10/2013 and 16/10/2013 at about 1.30 a.m., the Appellant pulled a wooden bar from the toilet and gave blows with the same to both Vijay and Vishal on their heads. This incident took place in barrack No.3, circle No.6 of Nashik Road Central Prison. Because of this commotion, the other 10.apeal-697-16.odt prisoners woke up. Both the injured were removed for medical treatment. Vishal Chaudhari succumbed to his injuries at about 7.15 a.m. on 16/10/2013. The injured Vijay Ippar was admitted to the hospital. The Appellant was already in the prison as an under-trial prisoner in another case. He was arrested in this case. The FIR was lodged by one Shivram Bhil who was working as a Security Guard in Nashik Road Central Prison. The investigation was conducted and the case was committed to the Court of Sessions.