BAPPA ALIAS BAPU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was convicted for offence punishable under S. 307 of the Indian Penal Code, 1860 (in short the IPC) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- with default stipulation. It was further directed that in case the fine was deposited, an amount of Rs. 2,000/- was to be paid to the injured person as compensation. One Rao Saheb Nagorao Khose also faced trial under S. 307 read with S.109, I.P.C. He was acquitted by the trial Court. But appellants appeal before the Bombay High Court, Aurangabad Bench did not bring any relief to the appellant.

(3.) Prosecution version as unfolded during trial is as follows : Accused-Bappa alias Bapu (A-1) along with Bibhishan (P.W.10) had gone to cinema to witness a movie and were coming back by bicycle. Suddenly the appellant got down from the bicycle and stabbed Bibhishan on his stomach and back and started to press his neck. Hearing his cries for help some villagers came running. The accused tried to run away from the spot but was caught by the villagers and handed over to the police. Victim was taken to the hospital. Two other persons, one of whom, namely, Rajabhau, as noted above, was charged for commission of offence punishable under S. 307 read with S. 109, I.P.C. On the basis of the First Information Report lodged, investigation was undertaken and charge-sheet was placed. On consideration of the evidence on record, more particularly that of the victim, learned Assistant Sessions Judge found the appellant guilty of offence punishable under S. 307, I.P.C., and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/- with default stipulation. The accused preferred an appeal before the Bombay High Court, Aurangabad Bench. The same was dismissed by the impugned judgment.