LAWS(BOM)-2023-8-473

RAMESH MALIHARI JAISWAL Vs. STATE OF MAHARASHTRA

Decided On August 18, 2023
Ramesh Malihari Jaiswal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Appellant has impugned Judgment and Order dtd. 7/2/2014 in Sessions Case No. 555 Of 2012 passed by learned Additional Sessions Judge, City Civil Court, Greater Mumbai, whereby Appellant is convicted for the offence punishable under Sec. 302 of Indian Penal Code (for short 'IPC') and he is sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000.00, (Rupees Ten Thousand Only), in default of payment of fine, to suffer simple imprisonment for a period of two months.

(2.) The brief facts of the case are as under : Appellant along with other persons was residing in one room. They used to sleep on mezzanine floor of that room. Appellant was annoyed due to offending act of deceased Ramniranjan. He had informed it to PW-1 Amarjeet Jaiswal. Few days before the incident, Appellant had brought a knife which was noticed by PW-1 Amarjeet. On 30/4/2012, all were asleep, when around 4.00 am of 1/5/2012, quarrel started between Appellant and deceased. Appellant assaulted deceased with knife, due to that assault, deceased died on the spot. After receiving information, police came at the spot. Appellant was present there, he was arrested by police. Knife and clothes of Appellant were seized. On the basis of complaint filed by PW-1 Amarjeet, police registered FIR against Appellant.

(3.) After completion of investigation, charge-sheet was filed. Case was committed to Additional Sessions Court at Mumbai. Charge was framed against Appellant. He pleaded not guilty and claimed to be tried. The prosecution has examined in all 8 witnesses. The statement of Appellant under Sec. 313 of the Code of Criminal Procedure [for short 'Cr.P.C."] was recorded. His defense was of total denial.