STATE OF MAHARASHTRA Vs. LAXMAN TUKARAM DUDHAKOHALE

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This Appeal is directed against the Judgment and Order dated 27 th February, 2001 passed by learned Assistant Sessions Judge, Wardha in Session Trial No. 26 of 1996 whereby the respondent-accused was acquitted of offence punishable under Section 307 of the Indian Penal Code read with Section 27 of the Arms Act.

(3.) The facts in brief stated are as under : - First Informant namely Gajanan Marotrao Gohane, Aged about 27 years, Resident of Village Talodi, reported about the quarrel took place with his uncle on the pretext of sharing of amount in respect of cultivating the land. When the quarrel took place on 25/2/1995 at about 6.00 p.m., the first informant Gajanan came on the spot with his friend Ashok Giri and others. At that time, accused also came on the spot while first informant was talking with his friend near Hanuman Temple in the village Talodi. The accused was armed with Suri (Knife) and he had suddenly assaulted the first informant causing injury below the chest and ran away with weapon. The first informant was admitted in Sewagram Hospital and his report was recorded by Police Head Constable namely Kamalkar. The offence was registered by Selu Police Station as Crime No. 30/95 under Section 307 of the Indian Penal Code (Exh.38). The Investigating Officer had arrested the respondent-accused and also collected Injury Certificate from Sewagram Hospital.