RAMCHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Conviction recorded by the learned Sessions Judge, Parbhani in Sessions Trial No.156 of 2003, convicting appellant for offence punishable under sec. 304A of Indian Penal Code vide judgment and order dtd. 16/4/2004 is assailed by way of present appeal.

(2.) On 19/7/2003, appellant and deceased Ramkishan, who were both working as watchmen, had returned towards the house of deceased. In the backdrop of accusation of using coil of heater, which did not belong to him, there was heated exchange of words between both of them. In presence of informant - wife of deceased, accused slapped deceased Ramkishan, lifted him and flung him on the ground. Accused then sat on his chest and beat him. Peoples present there, separated them. After a short while, deceased fell unconscious and froth was coming from his mouth and so he was taken to hospital, but on examination, he was declared dead. Therefore, on report lodged by PW1 Manoramabai, crime was registered by Jintoor police station bearing No.106 of 2003 for offence punishable under Sec. 302 of Indian Penal Code (IPC).

(3.) On completion of investigation, PW10 P.I. Nimmanwar, Investigating Officer, charge-sheeted accused. Case being exclusively triable by Court of Sessions, was tried by learned Sessions Judge, Parbhani, vide Sessions Trial No.156 of 2003 and on appreciating the case of prosecution and analyzing the evidence, learned trial Judge reached to a finding that, it is not at all a case of homicide, rather a case of culpable homicide not amounting to murder has been made out, and by judgment and order dtd. 16/4/2004 convicted appellant for offence punishable under sec. 304A of IPC and sentenced him to suffer rigorous imprisonment for six months and to pay fine.