STATE OF MAHARASHTRA Vs. KISHORE RAMJI ROKADE

JUDGEMENT

(1.) This is an appeal preferred by the State for enhancement of the sentence imposed upon the respondent accused for his conviction under section 307 Indian Penal Code by the Assistant Sessions Judge, Akola, in Sessions Case No. 32/78 decided on 2-1-1979 whereby he only sentenced him to suffer rigorous imprisonment for two years and fine of Rs. 500/- in default R.I. for one year. The respondent was also convicted under section 332 Indian Penal Code and sentenced to R.I. for 6 months and fine of Rs. 200/- in default R.I. for 2 months while ordering both the sentences to run concurrently.

(2.) The brief facts of the prosecution case are that an offence of theft was registered at Ramdaspeth Police Station, Akola on 12-3-1978 and one Balu was arrested in that connection. The said Balu gave information to the Police Inspector Shinde about the connection of the present respondent Kishore to the said offence. The Police Inspector Shinde, therefore, directed H.C. Shabbirkha and two other Constables Digamber and Ganesh of the Detective Branch Squad to arrest the two persons viz. Kishore the present respondent and Vasanta-acquitted accused. It was the case of the prosecution that Police Head Constable Shabbirkha along with two other Constables-Digamber and Ganesh were led by the said Balu to a locality of Akola known as Najuknagar in the afternoon at 1 P.M. They were in a police car. The said Balu located the two accused persons who were going in a cycle rickshaw. The police car was, therefore, stopped just near the rickshaw and Head Constable Shabbirkha directed his two assistants Digamber and Ganesh to fetch the accused persons from the rickshaw. When the accused Vasanta was brought towards the car while other accused Kishore-the present respondent refused to get down. It was noticed for this purpose that Police Constables Digamber and Ganesh went again towards the rickshaw to forcibly take out the accused Kishore from the rickshaw. A scuffle ensued there and accused Kishore took out a Rampuri knife from his pocket and started brandishing at the constable. Head Constable Shabbirkha noticing the commotion rushed to help Police Constables Digamber. The accused Kishore also assaulted Head Constable Shabbirkha and there was a stab injury caused on the stomach of Shabbirkha. However, they managed to caught hold of accused Kishore and his knife and both the accused persons located in that rickshaw were successfully brought into the police car and then to the Police Station.

(3.) At the Police Station at about 2 in the afternoon, Police Constable Ganesh lodged First Information Report (Ex. 15). Head Constable Shabbirkha who was seriously injured on the stomach was immediately removed to the hospital who was operated upon. The Police Constable Digamber had also sustained minor injuries and was medically examined. The knife from the possession of the accused which was snatched by Ganesh was also seized. Blood stained clothes of the injured were also seized and sent for chemical analysis. After investigation charge-sheet was put up before the Chief Judicial Magistrate who committed the same to the Court of Sessions. The Sessions Judge framed charges under sections 307 and 332 Indian Penal Code against the present respondent-accused No. 1, and against Vasanta accused No. 2 (acquitted). After recording evidence, the trial Court acquitted original accused No. 2 Vasanta but convicted the first accused-the present respondent as already stated above.