IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1934 OF 2009

( @ SPECIAL LEAVE PETITION (CRL.)NO.5560/2007)

SHARAD

... APPELLANT(S)

VERSUS

STATE OF MAHARASHTRA

... RESPONDENT(S)

O R D E R

Leave granted.

The appellant herein was tried by the Ist Adhoc Additional

Sessions Judge, Wardha for the offence punishable under Section 302

and was sentenced for undergoing life imprisonment with a fine of

Rs.1,000/- in default to suffer rigorous imprisonment for one month.

The appellant then filed an appeal before the High Court and the

same was dismissed by the High Court. The appellant preferred this

appeal and at the time of issuing notice we have indicated that the

appeal is only confined to the question of nature of the offence.

Heard both sides.

Learned counsel for the appellant contends that the

appellant was a young man aged about 20 years at the time of the

incident; and there was no pre-mediation or serious intention to

kill the deceased. Appellant had a quarrel with one Mukesh in which

one Manoj Kashyap and one Sanjay Pande intervened and separated them

each other. Thereafter the accused went from the place of incident

and he m