VASANTA NATTHUJI CHIDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By means of this Appeal, the appellant has challenged the judgment and order dated 22.1.2010 passed by learned 1st Ad-hoc Additional Sessions Judge, Wardha, in Sessions Case No.90/2009 whereby the appellant was found guilty of offence punishable under section 307 of the Indian Penal Code (in short, "IPC") and sentenced to suffer RI for three years and a fine in the sum of Rs.5,000/-, in default, was directed to suffer RI for six months.

(2.) Prosecution case in brief is that, one Moreshwar Kumare was standing in front of pan kiosk of Madavi on or about 11.3.2009 at about 1.00 p.m. It is the case of the prosecution that suddenly the appellant came with a sword and gave a blow on the abdomen of Moreshwar, as a result he sustained bleeding injury and his intenstine protruded. Moreshwar somehow tied his injury with dupatta and rushed to his house. His father-Fagoji took Moreshwar to Sevagram Hospital at an auto-rickshaw. Moreshwar was admitted in ICU. Fagoji, on the next day morning, reported the incident to Police Station, Dahegaon. The investigation followed. The appellant was arrested. The Investigating Officer API Chate proceeded to the spot of the incident and recorded Panchanama. He also recorded statements of some witnesses in the course of investigation. It is also alleged that the memorandum panchanama was drawn and weapon was recovered at the instance of the appellant. The Investigating agency also seized clothes of the injured and the articles which were seized in the course of investigation were referred to the Forensic Science Laboratory, Nagpur, for the purpose of analysis. Upon completion of the investigation, the appellant was charge-sheeted on the ground that he had attempted to commit murder of Moreshwar.

(3.) The charge-sheet was submitted on 8.6.2009 and the case was committed to the Court of Session at Wardha. The charge was framed against the appellant on 26.6.2009 whereas the appellant pleaded not guilty and claimed to be tried.