SAYYED SULTAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants assail conviction recorded by the learned Additional Sessions Judge, Hingoli, Dist. Hingoli in Sessions Case No.110 Of 2010 for the offence punishable U/Section 302 of the Indian Penal Code, G.A.Ghule (P.A.) 1860, directing to undergo imprisonment for life and to pay fine of Rs.500/- Rs. Five Hundred only. with default stipulation.

(2.) Criminal Appeal is admitted on 17th December, 2011.

(3.) The learned counsel for the appellant extensively dealt with the evidence of Medical Officer and the eye witnesses. He submits that, incident has been magnified by the witnesses and it was spur of movement that the appellant / accused had inflicted blows and, therefore, case will coming under the Exception to Section 300 of the Indian Penal Code, 1860 and conviction, at the most can be for the offence punishable U/Section 304 Part I or Part II.