DEEPAK RAMCHANDRA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has impugned the Judgment and Order dated 2nd February 2010 passed by the 5th AdHoc Additional Sessions Judge, Greater Mumbai in Sessions Case No.796 of 2008, convicting the appellant under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/-, in default of payment of fine, to further suffer simple imprisonment for one year.

(2.) Heard the learned counsel appearing for the appellant and the learned APP for State. Perused the record.

(3.) The prosecution in brief is that, on 10th September 2008 in the intervening night and more precisely on 11th September 2008 between 2.30 a.m. to 00 a.m a quarrel took place between deceased Jerry Fernandis and the appellant in the pandol erected for celebrating Gannesh festival. The quarrel between deceased Jerry and the appellant further ensued in hot exchange of words and the appellant and Jerry started scuffling with each other. At that time, the appellant slapped on the face of Jerry due to which he fell on the ground. The appellant thereafter assaulted Jerry with kick blows on his mouth, chest, stomach and leg. The appellant lifted bamboo stick lying nearby in the pandol and assaulted Jerry. The appellant subsequently hurled a stone lying in the said pandal on the head of Jerry. After hearing commotion, people from neighbourhood gathered near the scene of offence whereupon the appellant left the said place The deceased was taken to Nair Hospital by Sagar Chonkar (PW No.7), Smt. Vanita Jerry Fernandis (PW No.9) and other persons. The deceased scummed to injuries at about 6.30 a.m on 11.9.2010.