ANIL WAMAN SHAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard Shri Daga, learned counsel for the appellant and Shri Mirza, Additional Public Prosecutor for respondent No. 1- State.

(2.) At the outset it must be stated that Shri Daga, learned counsel for the appellant has stated that the appellant-accused has acted in self defence and hence he could not have been punished. He further argued that at the most it is a case in which the right of self defence has been exceeded and hence punishment ought to have been under section 304, Part II of Indian Penal Code. The learned additional Public Prosecutor, has however insisted that it was a case for conviction under section 302 of Indian Penal Code as has been rightly done by the trial Court.

(3.) Appellant before this Court, Anil was accused No. 1 in Sessions Trial case No. 18 of 2002. Accused No. 2-Waman and accused No. 4-Manukabai therein are his parents and accused No. 3-Arun is his real brother. Accused No. 5 - Sanjay Lichade is stated to be his friend. The learned Sessions Judge, bhandara, vide his judgment dated 2nd November, 2002 had acquitted all other accused and has found present appellant only guilty of offence punishable under section 302 of Indian Penal Code and has sentenced him to suffer imprisonment for life and pay fine of Rs. 500/- or in default to suffer further rigorous imprisonment for two months.