KAILASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard finally with the consent of both the sides.

(2.) HEARD counsel for the petitioner and learned A.P.P. Perused the record as well as charge sheet which has been filed.

(3.) LEARNED counsel for petitioners submitted that, the Sessions Court mechanically applied Section 302 of Indian Penal Code relying on directions of the Hon'ble Supreme Court. The Sessions Court has relied on the case of Rajbir Vs. State of Haryana, reported in (2010) 15 SCC 116. According to the learned counsel, this judgment of the Hon'ble Supreme Court has been subsequently explained in the matter of Jasvinder Saini & ors. Vs. State (Government of NCT of Delhi), reported in (2013) 7 SCC 256. The learned counsel submitted that, application of Section 302 of Indian Penal Code would depend on the facts of the case and the Court will have to apply its mind whether Section 302 of Indian Penal Code is made out and mechanical application of Section 302 of Indian Penal Code is not permissible. Learned counsel submitted that, at the most Section 306, 304 -B and 498 -A read with Section 34 of the Indian Penal Code could be applied, but not Section 302 of the Indian Penal Code.