PANJAB ONKARRAO SAGOLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant assailed the judgment of conviction in Sessions Trial No. 75/2015 awarded by learned Additional Sessions Judge, Achalpur 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 and to pay fine of Rs. 1, 000/ in default to suffer rigorous imprisonment for two months.

(2.) The case of the prosecution against the appellant in short is as under.

(3.) Heard learned counsel Shri R. P. Thote for the appellant. He has submitted that there was quarrel between appellant and deceased. Deceased fell down and sustained injuries. He has pointed out evidence of P.W. 5, Medical Officer Dr. Kolkhede. Doctor has admitted that injuries mentioned in column no. 17 of the postmortem report, Exhibit 29 may be possible due to fall of a person on hard and blunt object. Learned counsel has submitted that deceased fell down during the scuffle and sustained injuries. Evidence of P.W. 2 is not reliable. Other material witnesses not examined by the prosecution.