SHABIRKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant assailed the judgment of conviction in Sessions Trial No. 3/2015 awarded by learned Additional Sessions Judge, Yavatmal by which he is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs. 3000/in default to suffer rigorous imprisonment for six months.

(2.) The case of the prosecution against appellant can be summarized as under.

(3.) Heard learned counsel Shri Daruvala for the appellant. He has submitted that appellant had no any intention to kill deceased. Learned counsel has submitted that at the most, appellant can be convicted for the offence punishable under Section 304 PartII of the Indian Penal Code. Learned counsel has pointed out crossexamination of P.W. 4 Yaseenkhan and submitted that his evidence is not reliable because he was not having good terms with the appellant.