MOTIRAM JAYRAM SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, aggrieved by the Judgment and Order dated 19th May, 1984 passed by the Additional Sessions Judge, Nashik, in Sessions Case No. 101 of 1983, convicting and sentencing him to undergo imprisonment for life under section 304 Part I of the I. P. C. and also convicting him under section 323 I. P. C. but awarding no separate sentence, has come up in appeal before us.

(2.) SHORTLY stated, the prosecution story runs as under :

(3.) THE evidence is that the deceased, who had not succumbed to his injuries, asked the informant (Kisan Shinde) to lodge an F. I. R. Consequently, Kisan proceeded to Police Station. Chalisgaon where he lodged his F. I. R. the same day at about 10. 30 p. m. On the basis of the F. I. R. Police Havaldar Balu Doke (P. W. 9) registered a non-cognizable offence vide Entry No. 154. He then gave a yadi to Kisan for medical examination.