SANTOSH GANA THAKUR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against appellant's conviction by the learned Additional Sessions Judge, Raigad for the offences punishable under Sections 326 and 452 of the Indian Penal Code and sentence of rigorous imprisonment for five and three years with a fine of Rs. 1,000/- or in default rigorous imprisonment for three months imposed upon the appellant on the two counts. Facts which are material for deciding this appeal are as under:-

(2.) The learned Additional Sessions Judge to whom the case was made over, charged the appellant of the offence punishable under Section 307 of the Indian Penal Code for attempting to commit murder of Laxman and Ganesh and an offence punishable under Section 324 of the Indian Penal Code for voluntarily causing hurt to Tulshiram. He also charged the appellant for the offence punishable under Section 452 of the Indian Penal Code. Since the appellant pleaded not guilty, he was put on trial at which the prosecution examined in all 15 witnesses in its attempt to bring home guilt of the appellant. After considering the prosecution evidence in the light of defence of denial, the learned Judge convicted and sentenced the appellant as aforementioned. He acquitted the appellant on the charge of voluntarily causing hurt to Tulshiram. Aggrieved by his conviction, the appellant has preferred this appeal.

(3.) I have heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the State. With the help of both the learned counsel I have gone through the evidence on record. PW-1 Dr. Satish H.V. had examined the victim. Laxman, and had found that Laxman had 3 x 2 cm penetrating wound in the right lumber region with omentum pouting out. PW-1 Dr. Satish stated that he had carried out surgical operation and found that there was no corresponding injury to internal organ. He found that the injury was caused by a sharp weapon. He classified the injury as simple. PW-8 Dr. Manjushri Sen Gupta had examined Laxman's son, Ganesh. She stated that Ganesh had penetrating injury on the left side of second inter coastal space which was transverse in direction of the size 1 1/2 x 1/2 cm and was muscle deep. He also had penetrating injury on the left lumber region posterior to axillary line, oblique in direction and was peritoneum deep of the size 1 1/2 x 1 cm. Ganesh had contused lacerated wound on the right forearm which was 2 cm long and it was sutured. Dr. Manjushri, however, found that injuries sustained by Ganesh were sufficient to cause death of Ganesh, since they were situated on the vital organ. She stated that Ganesh was admitted in the hospital for about 11 days.