SK. CHANDPASHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dtd. 12/6/2015 passed by learned Sessions Judge Parbhani in Sessions Trial No. 14 of 2010 by which conviction was recorded for commission of offence punishable under Sec. 302 of the Indian Penal Code (IPC) and the appellant has been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.20,000.00, in default to suffer simple imprisonment for six months. FACTS GIVING RISE TO THE SESSIONS CASE

(2.) Appellant accused has a sister. Deceased Salim had taken her photographs and, according to father of accused, deceased was showing the photographs to others and informing that he would marry her. On hearing this from father, accused Chandpasha came from Nanded on 21/11/2008. On 23/11/2008, while deceased Salim was travelling in the rickshaw of PW3 Sk. Amar, near Mari Aai Temple, accused held deceased by his collar, pulled him out of the rickshaw and questioned him for taking photographs of his sister. On same count, he whisked out jambiya (kinfe) and inflicted stabs on Salim. Injured Salim was taken to the hospital, however he succumbed to the injuries.

(3.) Accused himself surrendered at police station and gave statement which was recorded by PW9 PI Shingade. Crime came to be registered on the strength of the same. Accused was arrested. The knife in his possession was also seized and PW12 PI Kasture carried out investigation and filed charge sheet.