BHANUDAS NARAYAN SHIRKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant challenges his conviction under section 302 of the Indian Penal Code and the sentence imposed on him of life imprisonment and fine of Rs.1000/-. The incident has occurred during the festivities on the Ganapati immersion day in Khalapur, in 1997. An altercation took place between the deceased Ashok and the appellant. This was because the deceased spattered the appellant with coloured powder. The appellant and his colleagues were infuriarated and threatened the deceased with dire consequences. The deceased had thereafter requested the appellant and his friends to forgive him and to forget the matter. However, the appellant and his friends neither forgave the deceased nor forgot the incident and killed him on 12.9.1997 near the railway station. The appellant and two others who are arrested were arraigned before the Sessions Court, Raigad. The prosecution having proved its case, against the appellant, the trial Judge has convicted him and sentenced him to life imprisonment. The accused No.2 was acquitted and the accused No.3 was convicted for having committed an offence punishable under section 323 of the Indian Penal Code. He was released on executing a bond under section 4 of the Probation of Offenders Act.

(2.) The appellant who was accused No.1 has preferred the present appeal.

(3.) We have scrutinised the entire evidence on record and find that the conviction under section 302 of the Indian Penal Code cannot be sustained.