VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been directed against the judgment and order dated 30th June 2007, delivered by learned Ad-hoc Additional Sessions Judge-1, Wardha, in Sessions Case No. 75/2005, convicting the appellant/accused for offence punishable under Section 307 of the Indian Penal Code, and sentencing him to suffer RI for six years and fine of Rs. 5,000/- , in default, RI for six months.

(2.) The prosecution case, in brief, can be summarized as under :-

(3.) The learned Advocate for the accused vehemently argued that the learned trial Judge has not considered the evidence of the prosecution witnesses in its proper perspective and has erroneously convicted him. He submitted that the panchas on the aspect of seizure of weapon has not supported the case of the prosecution. So also, the CA report is silent on the aspect of blood stains found on the weapon used by the accused. The learned counsel for the accused further contended that no offence u/s 307 can be made out, as there is no observation of the medical officer that the injuries were sufficient to cause death. So also, even if it is accepted that there was a scuffle between the accused and PW2, it is quite possible that the injuries might have been received by the complainant during the course of the scuffle. He therefore prayed for acquittal of the accused.