On 30.4.2003, the appellant saw Prashant deceased and his sister Sandhya chatting with each other at about 9.15 p.m. at a short distance from his house.
Hence, this appeal.
The appellant did number like the relationship and had altercations with Prashant deceased several times.
In support of the case, the prosecution examined several witnesses, however, the eye witnesses including Sandhya PW.6 did number support the case of the prosecution and they were declared hostile.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
The trial Court after companysidering the evidence on record and the arguments made by learned companynsel for prosecution as well as the defence, companyvicted the appellant under Section 302 IPC vide judgment and order dated 16.3.2004 awarding the life imprisonment and a fine of Rs.1000/ and in default of payment to undergo further rigorous imprisonment for the period of one year.
The admitted facts, in the case, have been that the love affair of Sandhya, sister of the appellant, companytinued with Prashant deceased for 2 3 years.
On seeing both of them together at an odd hour i.e. 9.15 P.M. on 30th April, 2003, he suddenly assaulted Prashant with knife and caused stab injuries.
He assaulted Prashant deceased with the knife thrice and ran away from the spot.
Being aggrieved, the appellant preferred Criminal Appeal No.242/04 which has been dismissed vide impugned judgment and order dated 25.8.2009.
20 and 26 , one to PSI Bhaurao Meshram PW.7 on 30.4.2003 and another to Mr. Prakash, Special Judicial Magistrate PW.3 on 1.5.2003 to the effect that the appellant had caused knife injuries to him.
The following injuries were found on his body as per the postmortem report Stitched wound over left side of chest 9th intercostal space in posterior auxiliary line of size 1 cm x 0.5 cm angles and margins clear cut cavity deep.
Dr. B.S. CHAUHAN, J. Leave granted.
The appellants sister Sandhya PW.6 called the police jeep passing through the road.
Later on, Prashant deceased succumbed to the said injuries and died on 2nd May, 2003.
This appeal has been preferred against the judgment and order dated 25.8.2009 passed in Criminal Appeal No.242/04 by the High Court of Judicature at Bombay, Nagpur Bench, affirming the judgment and order dated 16.3.2004 passed by 2nd Additional Sessions Judge, Nagpur, in Sessions Trial No.366/03 companyvicting the appellant under Section 302 of Indian Penal Code, 1860 hereinafter called IPC and awarding the sentence of life imprisonment and, in addition thereto a fine of Rs.1000/ had also been imposed and in default of payment to undergo further rigorous imprisonment for the period of one year.
The appellant was fully aware of the said affair and expressed his displeasure, having had altercations with Prashant deceased several times.
Facts and circumstances giving rise to this appeal are that the appellants sister Sandhya had a love affair with Prashant deceased which companytinued for 2 3 years.
After companyclusion of the investigation, charge sheet was filed against the appellant under Section 302 IPC.
