EKNATH TUKARAM SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant had challenged the Judgment and Order dtd. 01/12/2021 passed by the learned Additional Sessions Judge, Pune in Sessions Case No.205/2015. The Appellant was convicted for commission of offence punishable under Sec. 302 of the Indian Penal Code, 1860. He was sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000.00 and in default to suffer rigorous imprisonment for three months. He is in custody since 14/12/2014. He was granted set-off under Sec. 428 of the Criminal Procedure Code.

(2.) Heard Mr. Aniket Vagal, learned Counsel for the Appellant and Ms. Dhanalaxmi Iyer, learned APP for the Respondent State.

(3.) The prosecution case in brief is that, the Appellant and the deceased Nilesh Kamble were knowing each other. There was a quarrel between Nilesh and the Appellant on 13/12/2014. After a day i.e., on 14/12/2014 at about 04:00 p.m., the Appellant went to the place where the deceased was working and assaulted him with a knife causing fatal injuries. Nilesh was taken to the hospital but he succumbed to his injuries. Nilesh's cousin Amol lodged the FIR vide C.R.No.269/2014 at Paud Police Station, Pune at around 07:45 p.m. on 14/12/2014. The Appellant was already apprehended at the spot by the others who were present at the time of the incident. He was taken in custody and the investigation was carried out. Various panchanamas were prepared. The Spot Panchanama was conducted. The weapon i.e., a knife was lying at the spot. The clothes of the Appellant were seized. The clothes of the deceased as well as those of the witnesses who had carried the deceased to the hospital, were seized. All the articles were sent for chemical analysis. After conclusion of the investigation, the charge-sheet was filed and the case was committed to the Court of Session.