LAWS(BOM)-2005-2-175

PRAKASH DNYANDEO YADAV Vs. STATE OF MAHARASHTRA

Decided On February 18, 2005
Prakash Dnyandeo Yadav Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD learned Counsel appearing on behalf of the applicant and the learned A.P.P. for the State.

(2.) THE applicant has filed this criminal application seeking stay of the conviction and sentence passed by the Additional Sessions Judge, Baramati, by judgment and order dated 19.1.2005 in Sessions Case No. 115 of 2001. By the said judgment and order, the Additional Sessions Judge, Baramati, has convicted the application for having committed an offence punishable under section 304(II) of the Indian Penal Code and sentenced him to suffer R.I. for 3 years and to pay a fine of Rs. 3,000.00 in default to suffer S.I. for 2 months.

(3.) IT is an admitted position that 3 villagers woke up due to the commotion and they made enquiries with the driver of the jeep as to what had happened and villagers were informed by the driver that an incident of robbery had taken place. The villagers on their own went to search for the thieves. The villagers found that one person was standing in the field and they suspected that this man was one of the thieves and therefore, they proceeded to go to his direction. Applicant on the other hand, had mistaken these villagers as thieves and, therefore, he took out his revolver and fired a bullet which hit on Tukaram as a result of which Tukaram died on the spot. The trial Court convicted the accused for offence punishable under section 304 (II) of the I. P. C. and sentenced him to suffer R.I. for 3 years. Appeal has been admitted by this Court and applicant is released on bail.