SHANKAR CHANDRAKANT MALUSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail. Learned APP submitted that respondent no.2 is present in Court. She submitted that she has nothing to say in this application nor she intends to engage any advocate. She was also informed that she can be provided legal aid by appointing advocate. She stated that she do not want legal aid.

(2.) The applicant was prosecuted for the ofence under Section 302 of IPC.

(3.) The incident in question had occurred on 28th August, 2017. The case of the prosecution is that the accused had purchased coconuts from the victim. Payment in that regard was done. Their dues to be cleared by him. The victim was insisting for payment of dues. There was a previous meeting before the incident dated 28th August, 2017. on the day of incident, there was verbal exchange of words between the victim and the applicant. At that point of time the applicant has allegedly waived the knife to scare the victim and others, and, thereafter, he assaulted the victim by giving blows of knife on chest and abdomen. The victim was taken to hospital. He succumbed to injuries on 30th August, 2017.