JANGALU SAMPAT GAIKWAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides. Aggrieved by the judgment and order of conviction and sentence of the present appellant passed by the learned IVth Additional Sessions Judge, Jalgaon vide judgment and order dated 27/10/1999 in Sessions Case No. 181 of 1998, for the offences punishable under Sec. 452, 323 both r/w. 34 and Sec. 304 Part II of the Indian Penal Code, the present appeal is preferred.

(2.) The present appellant alongwith three other accused were charged for the offence of commission of culpable homicide amounting to murder punishable under Sec. 302 of the Indian Penal Code and the rest of the offences. Upon trial, however, while three other accused were convicted alongwith the present appellant for the offences punishable under Sec. 452 r/w. 34, 323 r/w. 34, the present appellant was solely convicted for the offence punishable under Sec. 304 Part II of the Indian Penal Code.

(3.) The prosecution case in short is as under: