SHYAM NALALLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Daga, learned Counsel for the appellant, and Shri Jichkar, learned Additional Public Prosecutor for the respondent.

(2.) Being aggrieved by the judgment and order dated 18.12.2003 passed by the Additional Sessions Judge, Chandrapur in Sessions Case No.85/1998 whereby appellant was convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.500/- and in default of payment of fine, to suffer rigorous imprisonment for one month, the appellant has preferred this criminal appeal.

(3.) The prosecution case, in nutshell, is as follows : On 10/10/1997 Udhao (PW 1), who had a restaurant/dhaba at Sasti Colliery, opened his restaurant at about 9.45 P.M. There were customers in his restaurant, who were taking meal. At that time, a young man wearing a white coloured full-pant and blue jersi arrived at the hotel. He was armed with a kukri/dagger. No sooner he came to dhaba, without speaking a word, he started assaulting Anand Sangi by means of kukri and caused injuries on the left portion of neck of Anand. Anand fell down on the ground and was bleeding profusely. The said incident was witnessed by one Police Constable Tulshiram (PW 5), who was at the pan shop situated near the dhaba. The Police Constable tried to catch hold of the young man. However, before he could do that, accused ran away from the spot. Anand died on the spot.