LAWS(BOM)-1999-11-37

AVINASH RAMESH MANDAPE Vs. STATE OF MAHARASHTRA

Decided On November 19, 1999
AVINASH RAMESH MANDAPE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Mr. Mundargi for the appellant - accused and A. P. P. for the State.

(2.) THE appellant - accused who was young boy of about 17 years on the date of the incident, which occurred in September 1993, is convicted for the offence under section 302 of Indian Penal Code by the IIIrd Additional Sessions Judge (B. B. Satarle), Kolhapur, by his judgment dated 28-6-1995 and is sentenced to life imprisonment and fine of Rs. 1,000/- or in default S. I. for one month.

(3.) IT was mainly contended by Mr. Mundargi that considering the facts and circumstances of the case, the only question was whether offence for which appellant- accused could be convicted was under section 302 of the I. P. C. or under section 304 (Part - 2) of the I. P. C. Since, Mr. Mundargi restricted his submissions to this aspect of the case, the learned A. P. P. also restricted his arguments, and from the circumstances it was submitted by him that the case made out by the prosecution was under section 304 (Part-2) of the I. P. C.