GAGANDEEP SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is against conviction of Gagandeep Singh Lakhbindar Singh Randhwa (hereinafter referred as "accused") under Section 302 and 307 of Indian Penal Code, 1860 ("I.P.C." in brief). The Appellant was tried before Additional Sessions Judge at Nanded in Sessions Case No. 155 of 2008 for offence under Sections 302, 307, 120-B read with 34 of I.P.C. and 4/25 of the Arms Act. He has been convicted under Section 302 and 307 of I.P.C. and acquitted of the offence punishable under Section 120-B of I.P.C. and 4/25 of the Arms Act vide the Judgment dated 17th June, 2011.

(2.) Case of the prosecution in brief, is as under:-

(3.) The offence being triable by Sessions Court, the matter came to be committed to the Court of Sessions. Charge was framed under Section 302, 307, 120-B read with 34 of I.P.C. and section 4/25 of the Arms Act. The State brought on record evidence of 17 witnesses and proved the concerned documents. The defence of the accused, as is appearing upon the crossexamination of witnesses, is that the deceased Pappu was angry with the accused as he was in love with one Prajakta who was related to deceased Pappu. It is also the defence that on the day of incident, there was chaos at the College and there was hushing and pushing to get T.C., in the course of which, the deceased Pappu took out dagger and rather he had assaulted the accused causing him injuries and in the same incident, complainant had got injured at the hands of deceased Pappu.