BAJIRAO HARI SHALAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the appellant (original accused) against the judgment and order of conviction and sentence dated 20th February, 199 passed by Sessions Judge, Dhule in Sessions Case No. 3/1989, whereby appellant (original accused) has been convicted and sentenced for the offence punishable under s. 304, Part II of the Indian Penal Code to undergo rigorous imprisonment for (7) seven years and to pay a fine of rs. 500/- (Rs. Five hundred only) i/d to suffer rigorous imprisonment for (6) six months.

(2.) THE appellant (original accused) was put on trial for the offence punishable under s. 302 of the Indian Penal Code for having assaulted deceased Kacharu who succumbed to the injuries. The learned Trial Judge found that the accused had no intention to cause the death of deceased kacharu. However, he could be imputed with knowledge that by his act there was likelihood of the death of deceased Kacharu and therefore, the learned Trial Judge found him guilty and convicted the accused for the offence punishable under s. 304 Part II of the Indian Penal Code.

(3.) DECEASED Kacharu was the son of Tarachand Parkhe (P. W. 2 ). Shantaram (P. W. 7) is the brother of deceased Kacharu whereas Dashrath (P. W. 5) is his distant relative. The incident took place in the field of accused bajirao. The field of accused Bajirao is just adjacent to the field of complainant Tarachand (P. W. 2), witness Supadu (P. W. 3) and Pandurang (P. W. 4) were the servants of the accused Bajirao.