SANJAY HARI PHONDAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant / original accused has preferred this Appeal against the judgment and order dated 6th March 2012 passed by the Learned Sessions Judge, Sindhudurg, Oros in Sessions Case No.15 of 2011. By the said judgment and order the learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code for causing the death of his father Hari and under Section 323 for causing injuries to his mother Taramati. For the offence under Section 302, the Appellant was sentenced to suffer imprisonment for life and for the offence under Section 323 the Appellant was sentenced to pay a fine of Rs.100/- , in default to undergo simple imprisonment for seven days.

(2.) The prosecution case briefly stated is as under :

(3.) Charge came to be framed against the Appellant under Sections 302 and 323 of the Indian Penal Code. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of denial. His further defence is that the incident occurred during the course of a sudden quarrel. After going through the evidence adduced in this case, the Learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph 1 above, hence, this Appeal.