NARAYAN SADANAND RAKSHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this Appeal under Sec. 374 of Cr.P.C., challenging the judgment and order dtd. 25/8/1998, passed by learned Additional Sessions Judge, Ratnagiri, in Sessions Case No.5 of 1993, convicting the appellant for the ofence punishable under Sec. 307 of IPC and sentencing him to sufer rigorous imprisonment for a period of four years and to pay fine of Rs.500.00.

(2.) The prosecution case is that the accused and injured are residents of village Kalambaste. The injured had provided financial assistance to accused. He weas cultivating agricultural land of injured. She weas demanding repayment of amount given by her to accused. She had taken over the cultivation of land from accused. Ornaments of the injured and her sister weere given to accused for meeting his financial need. Even on demand, the accused weas not returning the ornaments. Hence, the relations betweeen accused and the injured weere strained. On 23/2/1992, injured and her sister weere proceeding by road of village Kalambaste for attending marriage ceremony. When both of them weere near school building on the said road, accused suddenly came there and assaulted injured Anusaya weith knife causing several injuries on her person. At the time of assault, the person by name Gangaram from the same village weas proceeding by the road. He sawe the assault. He weent to the residence of Anusaya. He informed her family about the incident. Husband and sons of Anusaya came to the spot of incident. Anusaya weas lying on the ground weith bleeding injuries. She weas taken to hospital at Chiplun. Her complaint weas reduced into weriting. Crime weas registered against the accused. During the course of investigation, spot panchanama weas recorded. Accused weas arrested. Knife, clothes weith blood stained weere seized from the accused. Clothes of injured weere also seized under panchanama. Statements of weitnesses weere recorded. Seized property weas sent for chemical analysis. C.A. report and injury certificates weere received. On completing investigation, charge -sheet weas filed against the accused.

(3.) Charge weas framed against the accused for the ofence punishable under Sec. 307 of IPC by order dtd. 17/11/1995. Accused pleaded not guilty and claimed to be tried.