SIDDHU GARIBA VERMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order, dated 29.03.2016 passed by the learned Additional Sessions Judge-4, Nagpur in Sessions Trial No.217/2015, the appellant is before this Court by filing this appeal. The appellant is convicted for the offences punishable under Sections 302 and 324 of the Indian Penal Code. He is sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 2000/, in default to undergo simple imprisonment for six months for offence under section 302 of IPC and rigorous imprisonment for six months and to pay fine of Rs.1,000/-, in default to undergo simple imprisonment for one month for the offence under Section 324 of IPC. Both the sentences are directed to run concurrently. Since, the accused is in jail from 20.2.2015 till the date of judgment, set off has been given to him under Section 428 of Cr.P.C. for the imprisonment already undergone.

(2.) The prosecution story in brief is as under :

(3.) On 16.2.2015, there was an engagement ceremony of the son of deceased Suryapal and in the night after engagement ceremony, when all the family members were in the house and they were about to sleep at about 11.15 p.m, at that time, according to the prosecution, deceased Suryapal and other family members were asking accused Siddhu to return to his village. However, he became angry and picked up a scissor and assaulted Suryapal on abdomen. Suryapal sustained bleeding injury. Rohit Suryawanshi and Rajesh Suryawanshi, nephew of deceased, tried to intervene, but accused Siddhu assaulted them on their hand by scissor. Suryapal was taken to the hospital of Dr. Pawar at Khaparkhede and thereafter, he was referred to Kunal Hospital at Nagpur and in the morning while taking treatment, Suryapal succumbed to the injuries.