SHAIKH BABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the appellant/accused challenging the judgment and order of the Sessions Judge, Beed in Sessions Case No. 20/1999 dated 02nd August, 1999.

(2.) Brief facts of the case are as under :

(3.) The alleged incident took place on 15.07.1998 at about 9.15 to 9.30 p.m. approximately at Bashirgunj, Beed, near Tara Pan Centre. On 15.07.1998 as the daughter of P.W. 3 Vidya and P.W. 5 Sanjay namely Puja was not feeling well. P.W. 3 Vidya gave a telephonic message to Sanjay Wadmare at Paraly about illness of Puja. Accordingly, P.W. 5 Sanjay came to Beed at about 5.00 p.m. on 15.07.1998. Both P.W. 3 Vidya and P.W. 5 Sanjay took Puja for necessary treatment to Dr. Tambde and returned to their house from the hospital of Dr. Tambde and took dinner at about 8.30 p.m. P.W. 5 Sanjay then informing his wife P.W. 3 Vidya, went to Tara Pan Centre from Bahirgunj area for taking betel or Pan approximately at about 9.15 p.m. and after taking betel from Tara Pan Centre, he was on way to return to his house. At that time, accused Nos. 1 and 2 attacked Sanjay Wadmare P.W. 5 with knife and gupti and gave blows to Sanjay. Accordingly, P.W. 5 Sanjay sustained several injuries on his chest, back, neck, hand and other parts of body. He raised shouts. Pappu Jogdand, Madhukar Wadmare and Vinod Dongre who were near the place of incident, immediately came there. Accused ran away from the place. Pappu Jogdand, Vinod Dongre and Madhukar Wadmare then took P.W. 5 Sanjay in auto rickshaw to Civil Hospital, Beed. Information was also given to P.W. 3 Vidya wife of Sanjay Wadmare. She also immediately came in the Civil Hospital, made enquiry with Sanjay about injuries and Sanjay disclosed that accused Nos. 1 and 2 attacked with knife and gupti on account of previous enmity and quarrel took place at the time of marriage some where in the month of November, 1997. P.W. 3 Vidya Wadmare accordingly gave information to the police, who was on duty at Civil Hospital, Beed. Doctor from the Civil Hospital who was on duty, namely Kailas Ganpatrao Dudhal, accordingly, attended P.W. 5 Sanjay Wadmare. He was accordingly admitted in the Civil Hospital as indoor patient. A call was given to a concerned Surgeon and accordingly Dr. Avinash Deshpande, P.W. 6 then came in the hospital and examined Sanjay Wadmare. Thereafter, he was operated. Sanjay was in the hospital as indoor patient till 28.07.1998.