DINESH @ PAPPU DNYANDEO ALKUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 145 of 2011, which was pending in the Court of Additional Sessions Judge, Ahmednagar. The Trial Court has convicted and sentenced the appellant for offence punishable under section 304 (1) of Indian Penal Code. Rigorous imprisonment of 10 years is given to the appellant and fine of Rs. 10,000/- is also imposed for this offence. He is also convicted and sentenced for the offence punishable under section 201 of Indian Penal Code. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal, can be stated as follows :-

(3.) Deceased Raju Dinde went towards the cycle shop and after seeing the appellant and his friends near shop, he started giving abuses to them. As there was no reason for giving such abuses and Raju was attempting to quarrel without any reason, the appellant and his friends started assaulting Raju with fist blows and kicks. During the incident, the appellant took out a knife from pocket of his clothes and gave blows of knife on the chest and abdomen of Raju. Raju collapsed due to these blows. Then Kaka Shelke threw a stone on the face of Raju. Raju died on the spot.