NASIR SIKANDER SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal by special leave the appellant has challenged his conviction under Section 307 IPC. The trial Court sentenced him to undergo 4 years rigorous imprisonment and to pay a fine of Rs. 500/- and in default to undergo two months rigorous imprisonment. The High Court by its impugned judgment and order of 11th November, 1988 in Criminal Appeal No. 311 of 1991 upheld the conviction but reduced the sentence to 2 years rigorous imprisonment. It maintained the sentence of fine.

(2.) With the assistance of counsel appearing for the parties, we have gone through the evidence on record.

(3.) The case of the prosecution is that on 20th May, 1990 at about 4.00 p.m. an altercation took place between PWs 2 and 3 on the one hand, and the appellant on the other. That altercation was followed by PW2 slapping the appellant. This occurrence took place at 4.00 p.m. Later at 9.00 p.m. when PWs 2 and 3 closed their shop and left for their house on a scooter driven by PW2, the appellant along with one Ravindra Swamy accosted them on the way. Ravindra Swamy hit the scooter with an iron rod as a result of which PW2 and PW3 fell down, whereafter the appellant is said to have stabbed PW2 with knife in his abdomen. PW2 was taken to the hospital. On the basis of the report lodged by PW3 the case was investigated and ultimately the appellant along with Ravindra Swamy was put up for trial before the Additional Sessions Judge, Pune being Sessions Case No. 317 of 1990.