BUDHIA VESTA MALPATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Accused/Appellant preferred this Appeal through jail against his conviction for offence punishable under Section 304 Part I of IPC and sentence to undergo R.I. for 7 yeaars and to pay a fine of Rs. 1000/- and in default to pay fine, to undergo further R.I. for 6 months.

(2.) At the outset it should be noted down that the accused was convicted by the Sessions Court, Daman on 28-5-1998 and was sent to jail to undergo sentence. He filed this appeal through jail on 3-11-2000 and the Appeal came to be registered in 2001 but unfortunately it was never placed before the court for admission prior to 13th March 2007. After the matter was placed for admission the Appeal was admitted and the Appeal is fixed for final hearing. Meanwhile, the report was called and it was revealed that on 2nd January 2003 the accused was released on bail after undergoing complete sentence including the sentence in default to pay fine. Thus hearing and disposal of the Appeal is a mere formality required to be completed under law.

(3.) Prosecution case in brief, is that the deceased Pravin was son of unfortunate accused/appellant. They were living together at Bhramanfalia, Bhimpore, Nani Daman. The incident of this case occurred on 28-6-1997 at about 2.30 p.m. Some quarrel took place between the accused and his son and due to that quarrel, the accused lifted a brick and gave some blows to his son with the said brick, due to which he sustained bleeding injuries on the neck and collapsed. P.W. 2 Kashiben Harjibhai, who is the sister of the accused, had come to the spot at the time of the incident to give food to deceased Pravin and she saw the accused assaulting Pravin and shouted.