LAWS(BOM)-2004-1-127

KRUSHNA RADHESHYAM NANHE Vs. STATE OF MAHARASHTRA

Decided On January 13, 2004
KRUSHNA S/O. RADHESHYAM NANHE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Mr. Daga learned advocate for the appellant and learned A.P.P. for the State.

(2.) THE accused stands convicted for offence under section302 of I.P.C. and sentenced to suffer R.I. for life and to pay fine of Rs.1000/- in default to suffer R.I. for one year by the Additional Sessions Judge, Bhandara by his judgment dated15-4-1999 in Sessions Trial No.6/1998.

(3.) SINCE this document is coming from the prosecution it can not be disputed that the accused had aforesaid injuries on his person. Further in his statement under section313 of Criminal Procedure Code the accused had admitted his presence at the time of incident and had stated that scuffle took place between him and deceased and accused received aforesaid injuries. Mr. Daga, therefore, contended that if at all the aforesaid injuries were there on the person of the accused, then it was for the prosecution to explain those injuries.