RUSHI DOMAJI UIKE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction passed by learned 3 rd Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.13/2003 dated 08.12.2003. By the said judgment and order of conviction, the appellant is convicted for the offence punishable under Section 304-II of the Indian Penal Code and is directed to suffer rigorous imprisonment for 6 years and to pay a fine of Rs.2000/- and in default of payment of fine, simple imprisonment for six months.

(2.) The criminal law was set into motion by Sitaram (PW1). He lodged an oral report (Exh.-17) to police Station, Hingna. On the basis of the same, a crime was registered vide Crime No.211/2002 in the said Police Station for the offence punishable under Section 302 of the Indian Penal Code against the appellant. The printed FIR is at Exh.-18.

(3.) As per the prosecution case, on 15.10.2002, it was Dashera day. On the said day, the first informant was present in his house so also the deceased Rajaram, his brother who resides adjacent to him, was also present. At that time, the appellant Rushi Uike was quarreling with Murlidhar Ikhate (PW4). Therefore, the deceased Rajaram went to them to intervene in the said quarrel and at that time, as per the prosecution case as disclosed in the FIR, the appellant was having two knives in his hand and he quipped, "Who are you to intervene in the matter." and he gave knife blows on the person of the deceased Rajaram resulting into serious injuries. Thereafter, Rajaram came to the house and collapsed and died immediately.