VIJAY JAYWANT DONGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order dated 28th February 2017, passed by the learned Sessions Judge, Khed-Rajgurunagar, District Pune, in Sessions Case No.292/2014, convicting and sentencing him as under:

(2.) On 16th October 2013 at about 4:30 p.m, the appellant is alleged to have assaulted Pravin Gawade with a knife on his abdomen, chest, neck and left hand. Initially, Pravin was admitted to the Rural Hospital at Otur and from there, to Dr. Dhande's hospital at Aale Phata. Pursuant to the said incident, Ashok Gawade (PW 1) lodged an FIR/complaint as against the appellant. The appellant was arrested. After investigation, charge-sheet was filed as against the appellant in the Court of the learned Judicial Magistrate, First Class, Junnar. Since the offence was triable by the Sessions Court, the case was committed to the Court of Sessions for trial.

(3.) Learned counsel for the appellant submits that the appellant has been falsely implicated in the said case. He submits that because of a prior dispute between the injured and the appellant, the appellant was falsely implicated. He submits that the order dated 28th Febraury 2017 be quashed and set-aside and the appellant be acquitted. Alternatively, learned counsel submits that the appellant's sentence be reduced to the period already undergone i.e. around four years and one month. Learned counsel relied on the judgments in Rajendra Harakchand Bhandari & Ors. vs. State of Maharashtra & Anr. , 2011 13 SCC 311 ; Karamjit Singh vs. State (Delhi Admn.) , 2001 9 SCC 161 and Bharat s/o Fakirchand Khillare & Anr. vs. The State of Maharashtra (Cri. Appeal No. 58/2002 dated 4/8/2017) in support of his submission i.e. for reduction of the sentence.