SUBHASH DHONDIBA PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 11th August, 1982 passed by the Additional Sessions Judge, Pune in Sessions Case No. 81 of 1982 convicting and sentencing him to undergo seven years RI and to pay a fine of Rs. 1000/- in default to undergo six months RI under section 304 Part II I. P. C. has come up in appeal before us.

(2.) BRIEFLY stated the prosecution story runs as follows :-

(3.) AFTER the appellant had run away Pandurang Kadam and others put Laxman Kadam, who was still alive, in a bullock cart and took him to Primary Health Centre at Varvand. There Dr. Mahadeo Naphade P. W. 6 medically examined Laxman Kadam the same day at 7 p. m. On the person of Laxman Kadam Dr. Naphade found one superficial oozing wound on left middle part of the scalp anterio posterior 2?" in area. In his opinion it was the result of hard and blunt object.