DADAJI KRISHNA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the accused/appellant and learned APP for the State/respondent.

(2.) THE only submission that was made by the counsel for the accused/appellant was that the offence took place in 1991 and the accused is convicted under Section 324 and not under Section 307 of the Indian Penal Code for which he was charged. He submitted that since more than 11 years have elapsed from the date of incident and also considering the fact that no weapon was used but the incident took place on the night of Gatari Amwashya when both the accused and the complainant were drunk and the accused in that drunken condition broke wine bottle and pierced it in the stomach of the complainant causing the aforesaid injuries, the sentence should be reduced. He, further, contended that there was neither premeditation nor any motive or intention. THE incident was occurred at the spur of moment and considering the period elapsed and also the fact that the accused was in custody for two months and seven days i. e. from 1.8.1991 to 18.10.1991 as is noted by the trial Court at page 267 of the paper book, the period already undergone should be regarded as sufficient sentence and fine may be enhanced.