PRAKASH SADU RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant and two others were prosecuted on the allegation of having committed an offence punishable under Section 302 of the Indian Penal Code (IPC) read with Section 34 thereof. The learned Additional Sessions Judge, BrihanMumbai, after holding a trial, acquitted the other two accused. He acquitted even the appellant with respect to the charge of an offence punishable under Section 302 of the IPC read with Section 34 thereof, but held him guilty of an offence punishable under Section 326 of the IPC read with Section 34 thereof, and sentenced him to suffer Rigorous Imprisonment for three years and to pay a fine of Rs.5,000/, in default, to suffer Rigorous Imprisonment for 3 months. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this court by filing the present appeal.

(2.) The prosecution case before the trial court was as follows :

(3.) During the trial, the prosecution examined thirteen witnesses. The record of the dying declarations made by Ranjana to P.S.I. Upasani and to the S.E.M. Vasant Waghia was tendered in evidence. A number of other relevant documents were also tendered in evidence. The trial, as aforesaid, resulted in conviction of the appellant, not with respect to offence punishable under Section 302 of the IPC, but with respect to offence punishable under Section 326 of the IPC, and acquittal of the other two accused.