SUNIL PRABHAKAR NAKHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule, made returnable forthwith. At the request of Mr. Salunke, Rule is heard forthwith.

(2.) Revision applicant questions conviction recorded in RCC No. 73/2003 for offense under Section 324 of IPC by learned Judicial Magistrate, First Class, on 27.2.2006, who directed the accused to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/-. The matter was carried in Appeal No. 2/2006 and the appeal was dismissed by the learned Additional Sessions Judge on 6th Feb., 2013.

(3.) The revision applicant is in custody. On appreciation of evidence of the injured complainant, by both the Courts and reevaluation by this Court, illustrate that the applicant was conscious of nature of his assault and its consequences. He had inflicted thrice upon the complainant by a knife. Resultantly, there was profuse bleeding to the complainant. He was hospitalized for 12/13 days. His movements were restricted. The root cause for the crime or assault was the Gram Panchayat election. The medical certificate issued on 15.4.2003, by the Medical Officer, Rural Hospital, Dharur Exh. 46(c) explains the force and gravity of the injuries inflicted by the revision applicant to the complainant. First injury is (a) incised wound at forehead above left eye, 2 x 1/2 x 1/2 cms., (b) Incised wound on forehead left side 4 x 1/2 x 1/2 cms., (c) incised wound on left parietal region 5 x 1 x 1/2 cms. (d) incised wound on left palm and wrist 7 x 2 x 1 cms. Injuries were grave.