The State Of Maharashtra vs Santosh Sadashiv Gawade
2024 Latest Caselaw 48 Bom

Bombay High Court

The State Of Maharashtra vs Santosh Sadashiv Gawade on 2 January, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:16-DB
                                                                              7-ALS-214-19.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

              APPLICATION FOR LEAVE TO APPEAL BY STATE NO. 214 OF 2019

         State of Maharashtra                                    ..APPLICANT
               VERSUS
         Santosh Sadashiv Gawade                                 ..RESPONDENT

                                                ....

Mr. S.D. Ghayal, A.P.P. for applicant - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 02nd JANUARY, 2024

PER COURT :

1. Heard.

2. This application has been filed for leave to appeal by State against

order of trial Court dated 06th July, 2019 thereby acquitting the respondent of

offence punishable under Section 302 of the Indian Penal Code. The

respondent has however been convicted for the offence punishable under

Section 304, Part II of the Indian Penal Code.

3. We have perused the reasons given by the trial Court in paragraph

no.21 onward of its judgment. What can be gathered therefrom is that there

was no enmity between the two. The respondent was under influence of

alcohol. The respondent made a demand of money. The deceased refused to

7-ALS-214-19.odt

pay it. The respondent, thereafter became furious. The deceased asked

respondent to go home. The trial Court found that there was exchange of

words between the two. It was the deceased, who was asking the respondent

to go home. The respondent got enraged thereby. He picked up a stone

lying nearby and hit on the scalp (near right ear) of the deceased. A single

blow found to be fatal. The incident took place all of a sudden. It is

reiterated that there was no enmity between the two. The respondent was

not carrying any weapon with him. It is in a spur of moment he picked up a

stone lying nearby and hit on the scalp of the deceased. As such, there is

nothing to indicate the respondent to have had intended to commit murder of

deceased - Ajinath. The trial Court has convicted him for the offence

punishable under Section 304, Part II of the Indian Penal Code and sentenced

to suffer five years rigorous imprisonment. We do not find any reason to

even issue notice in this matter.

4. In view of above, application stands dismissed.

      ( NEERAJ P. DHOTE, J. )                     ( R.G. AVACHAT, J. )
SSD