MAROTI PRABHAKAR PUND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant preferred this appeal against the judgment and order of conviction and sentence for the offence punishable under section 302 of Indian Penal Code, 1860 (for short "i. P. C. ") delivered by learned Additional Sessions Judge, Basmathnagar, district Hingoli, in Sessions case No. 64 of 2004, on 15th October, 2005. Under the said judgment and order, the appellant was sentenced to suffer imprisonment for life and to pay fine of Rs. One Hundred, in default to suffer imprisonment for 15 days.

(2.) The factual matrix of the prosecution case in brief is as under :

(3.) The appellant and deceased Vithal Babarao Dhuldhule are residents of village Palasgaon, Taluqa Basmath, District hingoli. The incident took place on 22/6/2004. Deceased Vithai was a barber by profession and was running a hair cutting saloon near Bus Stand at Palasgaon. One Prabhakar alias Balu Balaji dakhore was sitting in the hair cutting saloon of deceased Vithal and was getting his shave done by the deceased. The shop accommodated one chair for the customer.