RAMDAS GULAB GANGURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was charged for committing the offences punishable under Sections 307 and 506 of the Indian Penal Code (for short, "the IPC") and came to be tried by the learned Additional Sessions Judge, Pune vide Sessions Case No.270 of 1996. On culmination of trial, he stood acquitted of the aforesaid charge, but stood convicted for the offence punishable under Section 324 of the IPC and sentenced to suffer R.I. for a period of six months and pay fne of Rs.5,000/-, in default to suffer imprisonment for one month. The appellant was held entitled for set off for the period he was in jail.

(2.) The injured is one Vilas Tukaram Chavan (PW 3) resident of 'Baudhavasti' at Dehugaon, where he owned certain house property in the said village and had tenants inducted in the said property. One Navnath Kshirsagar, husband of Janabai (PW 5) was one of the tenants of Vilas. The case of the prosecution is that some brawl had ensued between the son of Navnath and Janabai on one hand and son of the appellant on the other hand, which prompted the appellant to confront Navnath and his son with the same and since it was his belief that his son was injured by son of Navnath and for which act, he wanted some compensation. The incident, resulting in registration of the offence, occurred on 15th April, 1996 at 9.30 p.m. and in the said incident, Vilas was injured at the hands of the appellant and the appellant was charged for the offences punishable under Sections 307 and 506 of the IPC.

(3.) Heard learned counsel Ms.Jadhav for the appellant and learned APP Mr.Dabake for the State.