SUBHASH TUKARAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 18/2/2009, passed by Additional Sessions Judge, Darwha convicting the appellant original accused No. 1 for the offence punishable under section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 1,000/- (Rs. One Thousand Only) in default to undergo further simple imprisonment for one month and also for under section 324 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- (Rs. Five Hundred Only) in default to undergo further simple imprisonment for fifteen days, the present appeal was filed by the appellant original accused No. 1. In support of appeal, the learned counsel for the appellant made the following submissions:

(2.) Per contra, the learned APP for the State/respondent, supported the impugned judgment and order and argued that there are number of eye witnesses to the incident of murder of the deceased Amrut. The appellant inflicted several blows of knife on the vital part of body of the deceased resulting into heavy bleeding and while being taken to the hospital Amrut died. There is ocular evidence to show that P.W. 2 Madhukar - injured is an eyewitness. There is no reason why any fault can be found with the impugned judgment and order. Lastly, the learned APP prayed for dismissal of the appeal.

(3.) With the assistance of the learned counsel for the parties to this appeal, we have gone through the entire evidence, so also the impugned judgment and order passed by the trial Court. We have also heard the learned counsel for rival parties.