ANIL NAMDEO RAJGURU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is filed by the original accused no. 1 who was convicted for the offence punishable under Sections 307, 506(2) r/w. Section 34 of Indian Penal Code and was sentenced to undergo R.I. for four years and to pay fine of Rs.500/- for the first charge and RI for two months with fine of Rs.100/- for the second charge. The appellant was also convicted for the offence punishable under Section 135 of the Bombay Police Act and was sentenced RI for four months and fine of Rs.100/-. Similar order of conviction and sentence was passed against accused No.2 by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.732 of 1998. It appears that accused no.2 has not preferred any appeal.

(2.) The prosecution case in brief is that injured PW-1 Ashok and PW-2 Manoj and some others and accused no.l Anil and accused no.2 Pravin as well as the eye-witnesses of this case were residing in the nearby localities. Prior to the incident of the present case also some quarrel had taken place and relations between accused persons and PW-1 Ashok and PW-2 Manoj were strained. On 1.4.1998, P.W.I Ashok, PW-2 Manoj and PW-4 Kishor and some others were standing on the bridge in front of Sai Temple on New Rahulnagar Road for preparation of Ramnavmi festival. At that time, accused nos. 1 Anil & and accused no.2-Pravin accompanied by two other persons came there. They were armed with swords. Accused no.l Anil gave a blow with a sword on left hand near wrist of PW-1 Ashok, due to which his palm was cut and was dangling with skin of his hand. Accused no.l also gave a blow on his right upper arm causing bone deep injury. At the same time, accused no.2 Pravin gave a blow with a sword on the right leg of PW-2 Manoj and caused injuries on his right and left legs. Both the injured fell down. PW-1 Ashok and PW-2 Manoj were taken to Agarwal Hospital and then to the General Hospital, Mulund. Both were admitted in the Hospital and were examined and operated. For better treatment, they were shifted from General Hospital, Mulund to Sion Hospital, where they were treated by Dr. Anil Suple and Dr. Mihir Thakkar. By performing some operations the left palm of PW-1 Ashok was rejoined with his wrist. PW-1 Ashok was discharged from Hospital on 13.5.1998. PW-2 Manoj was also examined and after treatment, he was discharged on 8.4.1998. PSI Dnyaneshwar Jadhav, PW-7 recorded the report of PW-1 Ashok and also prepared Spot Panchanama and collected two pairs of chappals, sample of blood stained cloths from the spot. He recorded statements of the witnesses and arrested both the accused on 6.4.1998. On the basis of the information given by accused no.l Anil, the blood stained sword recovered. Clothes of both the injured persons were seized. The muddemal property was referred for chemical analysis for report. After the investigation, charge-sheet was filed in the Court of Metropolitan Magistrate and the case was committed to the Court of Sessions.

(3.) The learned Additional Sessions Judge, framed charge under Sections 307, 506(2) r/w. Section 34 of Indian Penal Code and under Section 37(1) r/w. Section 135 of the Bombay Police Act against both the accused. The accused pleaded not guilty. According to them, both were not present at the spot of incident and they were working elsewhere.