2023:BHC-AS:24564-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY varsha CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 928 OF 2015 Shri Nitin Aganda Lade, Residing at Vasti Sakurdi, Tal Karad, … Appellant District Satara vs.

The State of Maharashtra (at the instance of Sr. P.I. Karad Taluka Police Station, Karad, District Satara) … Respondent Mr. M.K. Kocharekar a/w Mr Vinayak Patil, for the Appellant.

Mr. S.S. Kaushik, A.P.P for the State.

CORAM : REVATI MOHITE DERE &

GAURI GODSE, JJ.

DATED : 11th AUGUST, 2023 ORAL JUDGMENT (PER: REVATI MOHITE DERE, J.)

1. By this appeal, the appellant has impugned the judgment and order dated 23^rd August 2013, passed by the learned Additional Sessions Judge, Karad passed in Sessions Case No. 15 of 2012, by which, he has been convicted and sentenced as under:-

- for the offence punishable under Section 302 of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/- in default, to suffer simple imprisonment for six months.

2. According to the prosecution, the incident took place on 27^th October 2011 between 11.00 a.m. to 11.30 a.m, when Prajwal (deceased) aged about 2 ½ years, was playing in the courtyard. As Prajw