PARASRAM CHANDRASHA GHANTE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused No. 1 has challenged the Judgment and order dated 15.10.2003 passed by the II Addl. Sessions Judge, Solapur in Sessions Case No. 4 of 2003. By the said Judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs. 7,000/-, in default, to suffer R.I. for one year. The prosecution case, briefly stated, is as under:--

(2.) Charge came to be framed against the appellant under Section 302 of IPC. He pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. His further defence is that it is a case of accidental death. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.

(3.) We have heard the learned Advocate for the appellant and the learned APP for the State. We have carefully considered the Judgment and order in this case, the evidence and the defence of the appellant. After carefully considering the matter, we are of the opinion for reasons mentioned hereinbelow that the appellant deserves to be acquitted.