STATE OF MAHARASHTRA Vs. ANIL JAGANNATH BAHIRAT

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the Appellant -State against the judgment and order dated 27th March, 2000 passed by the learned 13th Addl. District Judge, Pune in Sessions Case No.130 of 1999 whereby the Respondent-accused has been acquitted of the charge under Section 307 of the Indian Penal Code (for short, "IPC").

(2.) The prosecution case in brief is that, the informant and accused are from village Chimbali, Taluka Khed. According to prosecution, 15 days before the incident, accused had approached the informant and requested him to lend money as he was in need of moneys but the informant expressed his inability. However, again after two days, accused again approached and when the informant expressed his inability, it is alleged, the accused threatened that he would see him.

(3.) The prosecution contended that on 5th July, 1998 while informant was returning to his village after meeting his sister at Alandi and had reached the village, the accused and his two companions came from the side of Savata Mali Temple. It is alleged that the accused was armed with a sword and after abusing him, started assaulting him by means of sword while his two companions were exhorting him. When the informant raised his hands to ward-off blows, he sustained injuries on his both hands and fell down. According to prosecution, the informant's wife, namely, Smt. Nanda and brother Suresh Jaid came running and seeing this accused and his companions fled away from the spot. According to prosecution, there were 5 to 6 injuries on the head and both the hands of the informant. The informant was rushed to Sasoon Hospital where he was treated.