NILESH RAMDHAN GAVAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of instant Appeal, the Appellant-Original Accused, is assailing the judgment and order passed by learned Additional Sessions Judge, Pune dtd. 24/11/2014 in Sessions Case No. 363 of 2013, by which Appellant stood convicted for commission of offence under Sec. 302 of the Indian Penal Code, 1860 [for short "IPC "] and sentenced to suffer life imprisonment.

(2.) The deceased-Laxman i.e. brother of complainant was working in Everest Consultancy Services, Vadgaon and he was residing in separate premises, but in the same building where brother/Complainant resided. Accused, and one Satish were friends of deceased-Laxman and they always shared each other 's company.

(3.) Learned counsel for Appellant, while criticizing the impugned judgment pointed out that by no means case in hand was of Sec. 302 of IPC. Narrating the sequence of the events, he would submit that from the testimony of PW-1 and 2, it is abundantly clear that accused and deceased were good friends. Accused had come to chat with deceased. There was admittedly no previous enmity or quarrel, nor there were any issues amongst them. Resultantly, there was no motive also. According to him, this is also evident from cross of very complainant. Consequently, it is his submissions as there was no motive and pre-mediation, it is not at all a case of murder. Hence, he would submit that conviction ought not to have been recorded by learned Additional Sessions Judge for under Sec. 302.