DAYARAM RAMA MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused was tried for the offence punishable under Sections 307, 324 of the Indian Penal Code, out he has been convicted under Section 307 of the Indian Penal Code only, against which he has preferred this appeal challenging not only his conviction but sentence of rigorous imprisonment for five years.

(2.) IT was the prosecution case that on March 6, 1986 complainant P. W. 1 Jagdish was in a bicycle shop at Kranti Chowk, Jalgaon and according to the prosecution, the accused who had strained relations with his brother Sachin came in front of the shop, uttered and abused Jagdish and called him out of the shop. Jagdish came out of the shop and went few steps ahead. Some exchange of words took place between the accused and Jagdish. Suddenly; it was the prosecution version that the accused took out the knife from his waist and gave three blows with knife, one on right side back chest, second on the right thigh and the third on the right thigh upper portion of Jagdish. At the relevant time one more person was with the accused, but he was unknown to Jagdish. In course of same incident P. W. 3 Prabhakar came running and when he tried to rescue Jagdish, it was further version of prosecution that he too got injured on right cheek by the knife of the accused, and thereafter, the accused ran away alongwith unknown person.

(3.) IT may be stated that Jagdish was removed in a rickshaw of P. W. 2 Gorakh by P. W. 3 Prabhakar and Jagdishs brother Sunil, via. City Police Station to Civil Hospital, where Jagdish was admitted as an indoor patient for treatment. On the basis of the complaint of Jagdish, which came to be recorded in the hospital, the accused was arrested on March 14, 1986. But no trace was made of his companion, who was unknown to Jagdish.