(1.) BEING aggrieved by the judgment and conviction passed by the III Additional Sessions Judge, Kalyan in sessions Case No. 1619 of 1996 convicting the accused no. l under section 302 of IPC to suffer imprisonment for life and to pay a fine of Rs. 20,000. 00 in default of payment to undergo R. I. for two years, this appeal has been preferred on the ground mentioned in the memo of appeal as also verbally canvassed before us.
(2.) WITH the assistance of Shri A. P. Apte advocate for the accused/appellant, and Additional P. P. Mrs. P. H. Kantharia, we have scrutinised the record and re-appreciated the evidence on record, on the basis of which the learned trial Judge passed the order of conviction.
(3.) THE prosecution case as disclosed by our re-appreciation of evidence stated briefly is that around mid night on 4th March 1996, it being the night of Holi, deceased Tayappa along with others were awoke and standing around when they saw some persons going towards Pragati Maidan in kalyan tast. They therefore accosted those persons. There was altercations between the residents and the intruders. Accused Rakesh took up a weapon and stabbed Tayappa and then the accused persons ran away. Police thereafter arrived on the scene of offence, investigated the matter and the accused persons were prosecuted for causing murder of tayappa.