TUKARAM SHIVRAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant was convicted and sentenced under Sec. 304 Part II of I. P. C. for three years R. I. by the impugned Judgment dated 30.03. 1991 by the 45th Additional Sessions Judge, Kolhapur.

(2.) THE charge against him was that on 27th March, 1990 at about 1030. a. m. in the land comprising of Gut No.539 at village Takali, Taluka : Shirol within the jurisdiction of Kurundwad Police Station has committed a murder of one Shamrao Wagnawar by giving blow of sickle on his chest and committed offence punishable under Sec. 302 of I. P. C. Trial Court, however, convicted him for an offence punishable under Sec. 304 Part II I. P. C. and sentenced to undergo 3 years R. I. THE appellant challenges his conviction and sentence in this appeal.

(3.) MR. Marwadi counsel for the appellant argued only two grounds; that prosecution has failed to establish the identification of the accused and the trial court has not taken into account the version given by the brother of the deceased immediately after the occurrence who brought the deceased to the hospital.