In his order of April 28, which was made available on Friday, Sessions Judge Abhay J Mantri also imposed a fine of Rs 2,500 on convict Suresh Somla Chavan, a resident of Koparkhairne
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A court in Maharashtra's Thane district has sentenced a 42-year-old man to rigorous imprisonment for five years for causing the death of a person during a fight after holding him guilty for culpable homicide not amounting to murder.
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In his order of April 28, which was made available on Friday, Sessions Judge Abhay J Mantri also imposed a fine of Rs 2,500 on convict Suresh Somla Chavan, a resident of Koparkhairne.
As per the prosecution, victim Virendra, alias Raju Hodidas Bramhabhatt, was in a relationship with a close relative, a widow, of the Chavan.
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On the night of November 14, 2018, Chavan and Bramhabhatt got into a fight during a drinking session, resulting in the death of the latter.
In his order, the judge noted that the evidence before the court doesn't suggest that Chavan had any intention to kill Bramhabhatt.
"The evidence on record shows that in anger the accused gave kicks and blows over the chest of the deceased. Ultimately resulting in the death of the deceased Virendra. Thus, it appears that in the spur of the moment accused gave kicks and blows without having taken undue advantage or acted in a cruel or unusual manner," the court noted.
The court said that the prosecution had failed to prove the charge levelled against the accused under Indian Penal Code Section 302 (murder). It then sentenced Chavan to five years in jail holding him guilty for culpable homicide not amounting to murder.
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