VENKATESH SOMRAJ VERILGADDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein - (Venkatesh Somraj Verligadda/accused No. 1 is convicted for the offence punishable under Section 302 read with Section 34 of IPC and is sentenced to suffer R.I. for life and fine of Rs. 500/- in default R.I. for three months in Sessions Case No. 852 of 2005 by the 11th Addl. Sessions Judge, Sewree, Mumbai, by a judgment and order dated 30.8.2006. Such of the facts which are necessary for the decision of this appeal are as follows:-

(2.) PW-2 Kondiba Maane is also a resident of the same locality. He has also stated that the accused were in a habit of hurling abuses at each other under the influence of alcohol. He is also an eye-witness to the incident. He has deposed that the accused No. 1 had given a blow on the chest of the deceased. He had fled from the spot and was apprehended by the people residing in the said locality.

(3.) PW-5 Santosh Sawant, Police Constable attached to Malwani Police Station, stated that at about 10.45 p.m. when he was on patrolling duty, he had received a message from the Police Control Room to the effect that commotion was going in New Babrekar Nagar. He, therefore, went to the spot and saw one person lying there in injured condition. The lady, who was present near the injured, had disclosed her name as Meena Gaikwad, wife of the injured. He had taken them to Bhagwati Hospital.