SANJAY MADHUKAR KHARADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the order dated 2. 5. 2002 passed in the Sessions case No. 1) 56 of 2000 by the Additional Sessions judge, Sdlapur, the appellant has preferred this appeal on the grounds mentioned in the memo of appeal as also canvassed before us by both parties.

(2.) With the assistance of the learned advocate for the appellant and the learned Public prosecutor, we have scrutinized the record and reappreciated the evidence on record.

(3.) The prosecution case as found on reappreciation, stated briefly, is that -There was a quarrel between the accused and the victim on 6. 7. 2000 and a as a result of the quarrel, the victim went on to the terrace and threw a-tile therefrom intending to hit the accused but the tile hit the mother of the accused which enmged-the accused; He took the Scissor lying in the shop of the victim and went on upstair and stabbed him. After investigation, the accused was prosecuted under Section 302 of the Indian Penal Code. The prosecution examined seven witnesses to prove its case. The learned trial Judge, on appreciation of the evidence on record, came to the conclusion and proceeded to convict the accused under Section 302 of the Indian Penal Code to suffer imprisonment for life.