ARUMUGUM ARUNDATIYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Appeal is to the judgment rendered by the Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai. The appellant faced trial for alleged commission of the ofences punishable under Section 307 along with 341 of the Indian Penal Code , 1860 (in short ' IPC '). The Additional Sessions Judge found the appellant-accused guilty and sentenced him to sufer imprisonment for life, with fne of Rs.5000/-, in default of payment of fne, he was to undergo further R.I. for two months. The appellant-accused was also held guilty for the ofence punishable under section 341 of the IPC and sentenced to sufer one month simple imprisonment and to pay fne of Rs.500/-, in default of payment of fne, he was to undergo further S.I. for 15 days.

(2.) The prosecution version as unfolded during the trial is as follows :-

(3.) The victim left for her work as usual in the morning on 8 th May, 2014. In the evening, on her way back home, the appellant- accused suddenly entered the rickshaw in which the victim was seated. The victim was pulled out of the rickshaw. The appellant- accused threatened the rickshaw driver and forced him to leave. The appellant-accused assaulted the victim with his fsts and pulled her to the footpath adjoining 'Satyabhama Hotel'. He threatened to kill her if she refused to marry him. On her refusal, the appellant-accused took out a knife from the right side pocket of his pant and inficted injuries on her neck. The victim started shouting. In her attempt to save herself, she raised her hands as a result of which she sustained injuries on her hands too. The people who witnessed the incident rushed towards the victim to save her. The appellant-accused threatened them with dire consequences if they helped the victim. Nobody therefore intervened. At that time, one police vehicle arrived. The appellant-accused ran away from the spot. The victim was taken to the hospital and on the basis of her statement the ofences under Section 307 and 341 of the IPC came to be registered against the appellant-accused.