BHIKA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and order dated 01/09/1998 passed in Sessions Case No.4 of 1994 by Additional Sessions Judge, Khamgaon thereby convicting the appellant for the offences punishable under Sections 304(II) and 201 of Indian Penal Code.

(2.) Briefly stated facts of the case are as under :

(3.) Charge for the offences punishable under Sections 302 and 201 of Indian Penal Code was framed against the appellant. The appellant pleaded not guilty to the same and claimed to be tried. On merits of the case, the learned Additional Sessions Judge found that the prosecution failed to establish the offence of murder against the appellant, but came to a conclusion that the evidence brought on record was sufficient to hold that the appellant was guilty of offence of culpable homicide not amounting to murder and accordingly convicted the appellant for the offence punishable under part (II) of Section 304 of Indian Penal Code. The learned Additional Sessions Judge also found that the appellant was guilty of the offence of destruction of evidence punishable under Section 201 of Indian Penal Code and, therefore, convicted him for this offence also. The sentences awarded for those two offences were of rigorous imprisonments for six years and two years respectively. No sentence of fine for either of these offences, however, was imposed. The judgment and order were delivered on 01/09/1998. Not being satisfied with the same, the appellant is before this Court in the present appeal.