MADHUKAR KUBAL Vs. STATE THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) The appellant/original accused, who was convicted by the Additional Sessions Judge, Panaji, by Judgment, dated 13th Dec. 2001, in Sessions Case No. 4 of 1998, for an offence punishable under Sec. 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 years, has filed the present appeal challenging the aforesaid conviction and sentence.

(2.) The facts as are necessary for the decision of the appeal are set out hereunder:-

(3.) Initially a charge under Sec. 302 of the Indian Penal Code had been framed by the learned trial Court against the appellant/accused. The learned trial Court by its Judgment, dated 29th Feb. 2000, found that the offence under Sec. 302 of the Indian Penal Code was not made out against the appellant and, therefore, convicted him for an offence under Sec. 306 of the Indian Penal Code. The appellant/accused, being aggrieved by the aforesaid conviction and sentence, filed an appeal to this Court and this Court allowing the appeal had remanded the case to the learned trial Court for framing a charge under Sec. 306 of the Indian Penal Code. On the matter being remanded to the learned trial Court, the learned trial Court, vide Exhibit 55, framed a charge against the appellant for an offence punishable under Sec. 306 of the Indian Penal Code. The accused pleaded not guilty to the said charge and claimed to be tried. The prosecution, in support of its case, examined 23 witnesses. The accused stepped into the witness box and examined himself as D.W.1.