EKNATH MALU RATATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal was on admission Board. Since, in our view, only an offence under section 304 (2), Indian Penal Code is made out against the appellant; he has already been in jail for 3 years and 3 months; the record and proceedings have been received; and the learned counsel for the parties have no objection for finally disposing off the appeal, we are deciding it finally.

(2.) THROUGH this appeal, the appellant challenges the Judgment and order dated 10-3-1997 passed by the Additional Sessions Judge, Thane in sessions Case No. 368 of 1995, convicting and sentencing him to undergo imprisonment for life, for an offence under section 302, Indian Penal code.

(3.) IN short, the prosecution case is that on 7-7-1994, at 3 p. m. the appellant entered Aradhana theatre, in Thane, where the film DO FUNTUSH was being screened. The gate-keeper Gopal Tejgi asked the appellant whether he was having a ticket. On that the appellant, abused him. Hearing the abuses, one Pramod Tambe, who was in the cinema hall, came and asked the appellant as to why he had abused Gopal. An exchange of hot words and a scuffle between Pramod Tembe and the appellant, ensued, and during the course of the same, the appellant took out a knife from the pocket of his pant, and inflicted a solitary knife blow on the chest of Pramod Tambe. The appellant was arrested on the spot and was detained in the Manager s cabin.