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2002 Supreme(Bom) 194

R.K.BATTA, F.I.REBELLO
Bandu Yedu Metkari – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - R.K. BATTA, J.:---The appellant was tried for murder of Prakash Narayan Padawale under section 302 I.P.C. as also for causing injuries on Mainabai under section 323 of I.P.C. The prosecution had in fact examined 9 witnesses in support of the said charges. By impugned judgment dated 31st December, 1998 the learned Additional Sessions Judge, Pandharpur, has convicted the appellant for murder under section 302 of I.P.C. and sentenced him imprisonment for life. The appellant was also convicted for the offence under section 323 of I.P.C. and has been sentenced to undergo 3 months R.I. and a fine of Rs. 500/-, in default to suffer R.I. for 7 days. The substantive sentences were ordered to run concurrently. The appellant challenges his conviction in this appeal.

2. The F.I.R. in this case was lodged by the appellant himself. The incident is reported to have taken place at 9.00 p.m. on 2nd July, 1998 and the appellant lodged the F.I.R. on the next day morning. In this F.I.R. the appellant had given details as to how the incident in question had taken place. Besides this, the prosecution had relied upon the evidence of eye-witness Mainabai P.W. 6, who is the sister of the appella




















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