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Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Narayan Aba Pawar vs The State Of Maharashtra on 31 January, 2014
29) In the case of Narayan Aba Pawar and others Vs.
State of Maharashtra (cited supra), the trial Court had
convicted the accused therein for an offense punishable under
Section 302 read with Section 34 of IPC and had sentenced
them to suffer imprisonment for life and to pay fine of
Rs.5,000/- each. In an appeal, the Division Bench set aside
the conviction for the offense punishable under Section 302
read with Section 34 of IPC and held the accused guilty for the
offense punishable under Section 304 Part II of IPC. While
considering the adequacy of sentence to be imposed upon the
appellants / accused, the Division Bench has made the following
observations in para nos. 20 and 21 of the said judgment which
read thus:
Section 299 in The Indian Penal Code, 1860 [Entire Act]
Jayprakash Education Society And Anr vs The State Of Maharashtra Through The ... on 5 May, 2017
11) Relying on the judgment of the Hon'ble Apex court
in the case of Jayprakash Vs. State - (1991) 2 SC 32, the
learned APP submitted that the conclusion recorded by the
learned Sessions Judge that the case against accused No.1 falls
in exception thirdly, as provided under Section 299, is wholly
erroneous. The learned APP submitted that in view of the fact
that the Sessions Court has held the fact to have been proved,
that the assault was made by accused no.1 on the head of the
deceased with a sharp and cutting weapon, the burden was
shifted on the accused to bring on record sufficient evidence to
rebut presumption raised against him that his intention was
not to cause the death of deceased Waman. The learned APP
further submitted that though accused No.1 has failed in
rebutting the said presumption, the learned Sessions Judge has
erroneously not held him guilty for the offence under section
302 of IPC and instead has held him guilty for the lesser offence
under Section 304 Part-II of IPC.
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