RAJ KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Perused. This appeal has been preferred against the judgment and order of conviction and consequent sentence imposed on the appellant/accused, a Police Constable, for the commission of offence punishable under Section 323 of the Indian Penal Code, 1860.

(2.) The appellant/accused and the complainant were serving as Police Constables attached to Shivaji Nager Police Station, Nanded at material time. Incident occurred around noon in front of Shivaji Nagar Police Station on 5/7/2000. The complainant alleged that while he was chit-chatting with Police Head Constable Shri Kapure in the open place in Police Station campus, the accused accompanied by two other Constables, came out of the Police Station; and when he was casually called by one of them i.e. Police Constable Shri Hanwate to join them for a cup of tea, he refused to join them and all of a sudden, the accused made utterances "Knyou Re Kya Bola", pounced on him and mounted assault with a knife. According to the complainant, first knife blow was aimed at his head but he tried to avoid it, and as a result received slight injury on head, as the knife slipped across. Immediately, he disclosed, the accused gave second knife blow, which he tried to shield it with his right hand and consequently received injury to his right elbow, and about that time others namely Kapure, Vaidya, P.S.I. Parghane and P.S.I. Shinde and others intervened and saved him from further assault.

(3.) The victim lodged a complaint. A crime was registered at Crime No. 153/2000 under Section 307 and 324 of the Indian Penal Code and under Section 25 of the Indian Arms Act against the appellant/accused at Shivaji Nagar Police Station, Nanded. The complainant was medically examined and his blood stained clothes were seized. Blood of the accused as well as the complainant was collected for further forensic investigation. Seized Articles were also sent to the forensic laboratory for further investigation. Statements of the witnesses were recorded. Scene of offence panchanama was drawn. Discovery of the knife used in the crime was allegedly made by the accused from a place within stair-case of stadium on 1/1/2001, and the knife discovered was also sent for further investigation to the forensic Department.