SHAMRAO BABURAO SEWATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Bhatiya, learned appointed counsel for the appellant and Mr. Chutke, learned APP for the respondent/State.

(2.) The appeal challenges the judgment dtd. 2/1/2014 rendered by the learned Sessions Judge, Gondia. The appellant has been convicted under Sec. 326 of the I.P.C and sentenced to suffer R.I. for 4 years and to pay fine of Rs.5000.00, in default of payment of fine, S.I. for 6 months.

(3.) The incident is alleged to have taken place on 18/6/2009, when the complainant/PW-1 Sunanda, who is the sisterin-law of the accused, claims that at about 9.00 a.m., the accused Shamrao, who resided in separate room in the same house, suspecting that the complainant was instrumental in the wife of the accused leaving him, assaulted the complainant first by a Trishul (Trident) on her right knee, which was caught hold of by the complainant. It is thereafter alleged that the accused threw chilly powder on the complainant and assaulted her by scissor on her right hand, chest and stomach, as a result of which she suffered injuries, PW-3 - Prakash Sewatkar (page 75), the neighbour, is claimed to have seen the incident and taken the complainant/PW-1 Sunanda to KTS Hospital, Gondia, where she claims to have been admitted for about a month. The complainant/PW-1 Sunanda further submits that after gaining consciousness, report was given to the police, which is at Exh.57 (page 71). Thereafter the matter was investigated into by PW-6/Dinesh Hage, the I.O., who has made the seizure of the said weapons. The complainant/PW-1 Sunanda was also referred to the Doctor, PW-7/Archana Balsaraf, who examined her and gave a report as to her injuries at Exh.85 (page 143). The accused was arrested on 18/6/2009 and was bailed out on 25/1/2010 and has suffered imprisonment for six months.