YASHWANT HIRAMAN THAKARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Appeal, preferred by the Appellant original accused Yashwant Hiraman Thakare, exception is taken to the judgment and order dated 23rd January, 2008 passed by the learned Ad -hoc Additional Sessions Judge 3, Nashik, in Sessions Case No. 25 of 2007. By the said judgment and order, the learned Sessions Judge convicted the Appellant under section 235(2) of the Code of Criminal Procedure, 1973 of the offence punishable under section 302 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/ -. In default thereof, the Appellant is to suffer further R.I. for three months.

(2.) THE prosecution case briefly stated, is as under : -

(3.) WE have heard the learned Advocate for the Appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, the arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge, and the evidence on record, for the reasons mentioned hereinafter, we are of the opinion that the Appellant assaulted the deceased Kantilal on his head with an iron pipe and caused his death.