DEEPAK PRALHAD SHEJWAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default to undergo R.I. for six months, by the Judgment dated 30th June, 2012 in Sessions Case No.199 of 2010, by the Additional Sessions Judge-5, Nashik, by this Appeal, challenges his conviction and sentence.

(2.) Facts, which are necessary, for deciding this Appeal can briefly be stated thus :-

(3.) At the relevant time, Appellant came there and told PW-1 Chunilal and others to take injured Sham to the hospital. Therefore, PW-1 Chunilal and PW-4 Mhasu started searching for rickshaw. Taking that opportunity, Appellant rushed near the deceased and, blaming him for the suicide of his brother, removed the country made hand gun from his pocket and shot dead injured Sham. PW-1 Chunilal then informed on phone about the incident to his colleague PW-3 Dinesh Vispute and deceased's wife PW- 13 Manisha Gade. Thereafter, in the official vehicle, injured Sham was taken to Nashik Civil Hospital, where he was declared dead.