NITIN VITTHALRAO MOPKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Daga, learned Counsel for the appellant, and Shri Mirza, learned Additional Public Prosecutor for the respondent.

(2.) The criminal appeal is directed against the judgment and order dated 29.11.2004 passed by the Sessions Judge, Wardha in Sessions Trial No. 114/2003 whereby appellant is convicted for the offence punishable under Section 304 Part I of Indian Penal Code and sentenced to suffer imprisonment for life and pay fine of rupees one thousand, in default to suffer rigorous imprisonment for one year.

(3.) Shri Daga, learned Counsel for the appellant, contended that prosecution has examined PW 1 Poornima, PW 2 Rajendra, PW 3 Chhaya, PW 4 Dhananjay and PW 5 Pankaj as eye witnesses to the incident. It was submitted that evidence of PW 8 Dr. Moon corroborates the evidence of eye witnesses and, therefore, even if it is presumed that the trial Court was justified in holding that prosecution has succeeded in bringing home the guilt of the appellant for the offence punishable under Section 304 Part I of Indian Penal Code, however, erred in imposing sentence of imprisonment for life. It was further submitted by the learned Counsel that the appellant is limiting his argument only in respect of awarding of excessing sentence by the trial Court.