BALCHAND Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No. 238 of 2007, which was pending in the Sessions Court, Aurangabad. The appellants are convicted and sentenced for the offence punishable under section 307 r/w. 34 of Indian Penal Code. The application is filed by original complainant Vitthal Rangnath Khomne, who was mainly injured and in respect of whom, there was charge for the offence punishable under section 307 of I.P.C., the other injured Sunita and all the four appellants. In the application prayer is made to allow the parties to compound the offence. Both the sides are heard. The learned advocate Shri. M.V. Ghatge represented the original complainant and his wife to identify them.

(2.) In short, the facts leading to these two proceedings can be stated as follows:-

(3.) On 22.2.2007, two incidents took place. At about 8 to 10 p.m., during first incident near common well, assault was made on Vitthal by all the four accused by using axe and sticks. An attempt was made to finish him by using ligature material like muffler. Son of Vitthal was initially there and he somehow rescued Vitthal and brought him to home. After completing the incident near the well, the accused went to the residential place of Vitthal and there, at about 11.00 p.m. assault was made on Sunita, wife of Vitthal, by using axe and also with fist blows and kicks. After some time of the second incident Vitthal, was brought to home and then Vitthal was taken to police station. From there, police referred Vitthal to GHATI Hospital, Aurangabad. The crime was registered on the basis of report given by Sunita Khomne on the same night i.e. night between 22.2.2007 and 23.2.2007 for offence punishable under section 324 r/w. 34 of I.P.C. The medical examination revealed that there was fracture of skull atleast at three places. C.T. scan was done. Then section 307 of I.P.C. came to be added. All the accused came to be arrested after registration of the crime and after completion of investigation, the chargesheet came to be filed for the offence of attempt of murder.