DEVBAHADUR JAIKRUSHNA DAGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant/Original Accused has preferred this Appeal against the Judgment and order dated 20th April, 2006, passed by the learned 5th Adhoc Additional Sessions Judge, Mumbai in Sessions Case No. 837 of 2005. By the said Judgment and order, the learned Sessions Judge convicted the Appellant for the offence under Section 302 of Indian Penal Code and sentenced him to suffer life imprisonment and to pay fine of Rs.1000/ (Rs. One Thousand only) in default R.I. for six months.

(2.) THE prosecution case, briefly stated, is as under: The complainant P.W.1 Sandip Therade was the elder brother of deceased Sudhakar. Deceased Sudhakar and his brother Sandip

(3.) SUGANDHA 's husband P.W.2 Gavade was present in the house. While P.W.1 Sandip Therade and P.W.2 Sandip Gavade were chitchatting at about 9.45 p.m. Sudhakar came to the house of his sister Sugandha. Sudhakar told P.W.1 Sandip and P.W.2 Gavade to come to his house alongwith him. Thereafter all of them started going towards his house. Sudhakar was residing in Sundar Nagar. When they reached near Chawl No.11 in Sunder Nagar, they saw a quarrel was going on between P.W.3 Sham and the Appellant. When Sudhakar went to pacify the quarrel which was going on in between Sham and the Appellant, as soon as Sudhakar intervened in the quarrel the Appellant suddenly took out a dagger and inflicted blows on left side of chest of Sudhakar.