STATE OF MAHARASHTRA Vs. PRADEEP KRISHNA BHISE

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 13th July 2001 passed in Sessions Case No.52 of 2000 by the learned Sessions Judge, Ratnagiri, for the offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC).

(2.) It is the case of prosecution that one Anant Tukaram Bhise (since deceased) was neighbour of informant. On 15th December 1999, at about 8.00 a.m., the informant as usual had been to the house of deceased. The deceased, his mother Laxmibai Bhise (PW6) and one Dhondu Pangale were there. They were chitchatting. The accused also resides in the neighbourhood and was in a habit of quarreling with his wife and therefore, they all used to persuade him.

(3.) The prosecution alleges that because of the said persuasion and keeping in mind grudge, on 15th December 1999, at about 12 p.m., the accused armed with a knife (suri) came from his house abusing and threatening and gave a blow of knife on left side of the abdomen of the deceased, as a result of which, it started bleeding. The deceased was then removed to Civil Hospital by the informant and informant's son viz. Rajesh for treatment.