SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The appeal is admitted on 23rd May, 2012. Since the appellant is in custody, priority is given to the appeal, pursuant to order of this Court dated 19th June, 2012. The appellant impugns conviction recorded in Sessions Case No. 14/2011 by learned Additional Sessions Judge, Bhokar, District Nanded, for an offence under Section 307 of IPC, directing to undergo R.I. for seven years and also to pay fine of Rs. 1,000/-, in default, R.I. for three months by order dated 15th May, 2012.

(2.) The complainant--Bhagwan Maroti Pimpale resides at Balegaon, Tq. Umri while the accused is also resident of the same village. In the wee hours on 8.10.2010 at around 3.00 a.m., when the complainant Bhagwan was sleeping in court-yard with his wife PW No. 2--Smt. Satyabhama Pimpale, the accused sneakily barged and brutally assaulted the complainant with bamboo stick by 5-7 strokes. In fact, the presence of the accused/appellant was sensed owing to barking of the dogs, resultantly, PW No. 1 and PW No. 2 woke up and saw the accused hitting with a stick in his hand. Neighbour (PW No. 3--Gundewar) though witnessed the event, did not support the prosecution.

(3.) In order to establish guilt against the accused, the prosecution has led evidence of ten witnesses. P.W. No. 3 is the neighbour (turned hostile); PW No. 4--Rukmaji Sambhaji Panchal is another witness, did not support the prosecution; PW No. 5--Sahebrao also did not support the prosecution; PW No. 6--Rajesh Pimpale acted as a panch in respect of seizure of cloths of PW No. 1 through panchanama (Exh. 25); PW No. 7--Sunil Pallewad is the Medical Officer. He examined the injured PW No. 1 Bhagwan on 8.10.2010 and recorded the injuries; PW No. 8--Dr. Ruturaj is a Neuro Surgeon attached to Yashoda Hospital, Nanded, had examined PW No. 1 -Bhagwan on 8.10.2010 and recorded injuries on his person. PW No. 9--Balaji Ladekar carried the seized muddemal property to the office of Chemical Analyzer under a forwarding letter (Exh. 37); PW No. 10 Ashok Mairal is police inspector attached to police station Umari, carried the investigation.