ASHOK MAGAN MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the appellant is directed against the judgment and order passed by learned Additional Sessions Judge, Nandurbar in Sessions Case no.28/1994, decided on 24.11.1994, whereby the appellant was held guilty for an offence punishable under Section 307 of the Indian Penal Code and was sentenced to suffer R.I. for two years and pay fine in the sum of Rs. 1,000/- in default to suffer R.I. for three months.

(2.) Briefly stated, the prosecution case is that the appellant Ashok More, who was aged about 19 years at the time of the incident, and was taking education in 10th standard in public high school at Visarwadi. According to the prosecution, his class mate was a girl, by name Ms. Malti, studying in the same school, while Ravidas Gavit (examined as PW-2), alleged victim in the case, was ex student of that school and was intending to appear for 12th standard examination externally. According to the prosecution, said Ravidas was in love with Ms. Malti. He came to know that the appellant was possessing photograph of said Malti and was pointing that photograph to other students in the class under the pretext that the appellant is having love affair with Ms. Malti. This happened about eight days prior to the incident which occurred on 28.1.1994. PW-2 Ravidas (Exh.13) gave understanding to the appellant not to keep an evil eye upon Ms. Malti and had even slapped the appellant. On the date of the incident i.e. on 28.1.1994, while Ravidas (PW-2) and his friend Babulal (PW-1) were proceeding towards MSEB ground at Visarwadi to watch a cricket match at about 1:00 p.m., going through the school ground of public school, at that time the appellant came from behind, gave knife blows on the buttock, stomach and chest of Ravidas (PW-2). While Babulal (PW-1) tried to intervene, he had received injury on his left wrist. The appellant was apprehended by the school peon and kept confined in the ladies teachers room, Headmaster of the school informed police on phone while injured Ravidas (PW-2) was lying on the bench in the veranda outside the office of the school. Police arrived on the scene, took Ravidas to Primary Health Centre (P.H.C.) for medical treatment, while the accused appellant was taken to police station. Babulal (PW-1) lodged complaint/FIR which was registered under section 307 read with section 324 of I.P.C. Investigation followed. The investigating officer proceeded to the spot and drew spot panchanama (Exh. 16).

(3.) It is further case of the prosecution that knife was recovered from the appellant, as also a knife having steel handle, having letter "A" with a blade of about three inches and bag containing photograph of the girl Malti. According to the prosecution, clothes of the accused were also seized in the course of investigation. Clothes of the injured Ravidas were recovered under panchanama. Medical certificate regarding injuries sustained by Ravidas (PW-2) was also collected. Injured Ravidas was treated at Chinchpada Mission Hospital between 28.1.1994 to 11.2.1994 before he was discharged.