SHIVAJI ANANDA CHAVAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned II Ad-hoc Additional Sessions Judge, Solapur has convicted the appellant for offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine to further suffer rigorous imprisonment for three months in Sessions Case No.239 of 2009 by its Judgment and Order dated 22.3.2011. The said Judgment and Order dated 22.3.2011 is impugned herein by the appellant.

(2.) The prosecution case in nut shell is that, the appellant and deceased were working as security guards at Lahoti Company situated at MIDC, Chincholi, Solapur. On 8.4.2009 the duty of the appellant and the deceased was over and the duty of other two security guards namely Sudhakar Arjun (P.W.3) and Shivaji Shinde (P.W.4) was to start. That, before changing hands of duty of the said four persons i.e. appellant, Madhukar Patil (deceased), Sudhakar Arjun (P.W.3) and Shivaji Shinde (P.W.4) they took dinner. After dinner there was a quarrel between Madhukar Patil (deceased) and the appellant on the count of sharing hours of duty. That, the appellant took out a cycle chain which was tied to his waist and assaulted the deceased with it.

(3.) 1-scratch abrasion on left shoulder 2c.m.x1-c.m.