HIRAMAN BHIMRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short, Penal Code ) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000.00 in default to suffer rigorous imprisonment for two months, vide judgment and order dated 26.04.2013 passed in Sessions Trial No. 11 of 2012 by the learned 2nd Additional Sessions Judge, Jalgaon, has challenged the vires of the said judgment and order by this appeal.

(2.) The case of the respondent (hereinafter referred to as the prosecution ), in short, is as under:-

(3.) It is alleged that the deceased Sunil had illicit relations with the co-accused Sundarabai. The deceased Sunil went to the house of another co-accused viz : Babulal Pardeshi on 16.08.2003 prior to 8:30 p.m. The deceased Sunil asked the said Babulal to call Sundarabai to his house. Accordingly, Babulal went to the house of Sundarabai and brought her to his house at about 8:30 p.m. The deceased Sunil and Sundarabai were having talks. At that time, the appellant went there and questioned Sundarabai as to why she came there and was having talks with the deceased Sunil. He further questioned Babulal as to why he got called Sundarabai to his house. The appellant slapped twice or thrice on the person of Sundarabai. He caught hold of the deceased Sunil, dragged him inside the house of Babulal and assaulted him with a pestle and knife on his head and chest respectively. The deceased Sunil sustained serious bleeding injuries.