ARJUN RAMCHANDRA POL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused No. 3 Arjun Ramchandra Pol, hereinafter referred to as appellant, by Filing this appeal takes exception to the judgment and order passed by the learned Ad-hoc Additional Sessions Judge-1, Islampura in Sessions Case No. 36/06 dated 31st January, 2008 thereby convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- i/d. to suffer R.I. for one year.

(2.) It is further case of prosecution that the incident took place in the night intervening 17th March, 2006 and 18th March, 2008 when PW 3 Rajendra, complainant after attending his duty was returning on his motor cycle along with PW 2 Arvind from Viswas Sugar factory where he was working as a watchman. On that day, complainant's duty hours was from 6.00 p.m. to 2.00 a.m. on the following day. After attending the duty when complainant along with PW 2 Arvind reached near Kirvan Lake, they were intercepted on road by four persons who verified the registration number of the motor cycle and immediately thereafter, the appellant caught hold of PW 3 Rajendra by his neck and bent him down when absconding accused Takalya fired on the backside of complainant by revolver and thereafter threw complainant down the bridge.

(3.) PW 2 Arvind on sustaining injuries went in the village and informed about the incident and accordingly came on the spot accompanied by complainant's uncle and others in ambulance wherein complainant was shifted firstly to Shirala police station and from there to Krishna Hospital, Karad. PW 5 Chandrakant, P.I. on visiting Krishna Hospital, recorded complaint (Exhibit-36) of complainant Rajendra. Complainant was indoor patient in the hospital for a period of two months since he sustained bullet injury and also injury to his spinal cord.