RAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offence punishable under Sec. 307 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000.00, in-default to suffer simple imprisonment for 6 months and under Sec. 452 of the Indian Pena Code and is sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.2,000.00 in-default to suffer simple imprisonment for 3 months by the learned Additional Sessions Judge, Washim in Sessions Trial Case No.38/2008. By this appeal, the appellant challenges the conviction.

(2.) The prosecution case, in short, is that injured Vivek Sahoo owned xerox center at Sindhi Camp, Bordi Naka, Washim. On 12/2/2008 at 6.15 pm, there was no electricity supply in his shop due to load-shedding, however, the generator was switched on. Accused no.1 Ravi came to the shop for getting photo copies of the documents. Vivek accordingly took out the photo copies and handed it over to Ravi. Then Vivek asked Ravi as to whether he wanted any more photo copies, Ravi replied in negative. Hence, Vivek switched off the generator. After the generator was switched off, Ravi again asked for photo copies. Vivek then told him that he had just switched off the generator and, therefore, Ravi would have to wait for sometime. Ravi was annoyed and said that "Dukan Gheun Basla, Dukan Band Kar" (You are running a shop, close it forthwith). Vivek then told Ravi that he always behaved in pressurizing manner and further said why he would close the shop. Ravi then told him that he would bring 2-3 persons and then take out the photo copies and he left the shop. After 5 to 7 minutes thereafter, Ravi came along with three persons. Out of them, Ravi and Sudhir came there on bicycle and other two accused came on motorcycle. Ravi caught hold the collar of Vivek and tried to drag him outside the shop. All the accused persons entered into the shop ascending on the counter. Three accused persons caught hold of Vivek and Ravi gave knife blow on the right side of his abdomen. At that time, Jaggu Vyas, the friend of Vivek, came there. Vivek and Jaggu tried to catch hold of accused persons, but they fled away leaving their motorcycle and bicycle. Vivek thereafter was taken to the hospital of Dr. Pande by Jaggu Vyas and medical aid was provided to him. Vivek sent Jaggu to the Police Station, Washim to inform the incident. Thereafter, the concerned Police Officer rushed to the hospital of Dr. Pande and recorded the statement of Vivek, which was treated as report. On the basis of the report, Crime No.74/2008 for offences under Ss. 307, 452 r/w 34 of the Indian Penal Code and 3 r/w 25 of the Arms Act was registered against the accused persons. After completion of the investigation, charge-sheet came to be filed and the case was numbered as Sessions Trial Case No.38/2008.

(3.) The charge for offences under Ss. 147, 148, 452, 307, 506 r/w 149 of the Indian Penal Code was framed against five accused persons. The Sessions Court, after recording evidence, acquitted accused nos.2 to 5 of all the offences, however, convicted the appellant. Hence, the present appeal.