JUDGMENT - VISHNU SAHAI, J. :---Vide the judgment and order dated 21st July, 1992, passed in Sessions Case No. 318 of 1991, the VIII Additional Sessions Judge, Thane, convicted and sentenced the appellant in the manner stated hereinafter:-

(i) Under section 302 I.P.C. to undergo life imprisonment; and

(ii) Under section 436 I.P.C. to undergo two years R.I. and to pay a fine of Rs. 500/-, in default to further undergo six months R.I.

The sentences of the appellant were ordered to run concurrently.

2. The prosecution case in brief, as emerging from the recitals contained in the testimony of the informant and three other eye witnesses of the incident, runs as follows:---

The deceased Vithu was the maternal uncle of the informant Keshav Kanha Kadam, P.W.6. On 30th December, 1990, at about 4.00 p.m. while the deceased was busy preparing baskets from bamboo sticks, the appellant Ramesh Nana Ghorpade, came and told him to send his daughter to him for one night. Understandingly, the deceased could not bear this and told the appellant whether his daughter had no parents. At that, the appellant is said to have got enraged and picked up a stick which was lying there and started assaulting the

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