RAJESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of rupees two thousand in default to suffer rigorous imprisonment for three months. The appellant was tried by the learned Sessions Judge, Amravati for the offence punishable under Section 307 of the Indian Penal Code. Charge was framed on 5th December, 2012 to which the appellant had pleaded not guilty. The allegations against the appellant, in short, were that the appellant was married to Mrs. Asha, sister of complainant Ravindra Dalai. There was dispute between Asha and the appellant and therefore, Asha started staying with her brother Ravindra. It appears that Asha had filed an application before the Judicial Magistrate First Class, Tiosa against the appellant for grant of maintenance. The complainant used to attend dates of hearing along with his sister.

(2.) The incident in question had occurred on 16th June, 2012 when the complainant had attended the Court along with his sister. Later in the day when the complainant was sitting in his shop situated at Zilla Parishad Market, Tiosa, the appellant went there and assaulted the complainant by means of a knife. The complainant was rescued by the neighbouring shopkeepers. He was taken to Rural Hospital at Tiosa. His statement was recorded in the hospital by the police and first information report for the offence punishable under Section 307 of the Indian Penal Code was registered vide First Information Report No. 73 of 2012. Thereafter he was admitted at Astha Hospital, Amravati for further treatment. During the course of further investigation the statements of witnesses were recorded. Medical Certificate in respect of the injuries sustained by the appellant was taken. The injury was sustained by the complainant on abdominal region anteriorly. The same has been described by the Medical Officer as incised wound having size 7 c.m. x 3 c.m. x 2 c.m. over left thoraco abdominal region anteriorly. After completion of investigation chargesheet was filed. As already stated, the appellant had pleaded not guilty to the charge.

(3.) The prosecution has examined in all nine witnesses in support of its case. P.W. 1 is Ravindra complainant himself. P.W. 2 Amol Pote was running a shop in Zilla Parishad Market. He is one of the eyewitnesses. P.W. 3 Sanjay Gedam had recorded statements of the complainant at Tiosa Rural Hospital. Printed F.I.R. has been exhibited as Exh. 15. Statement of P.W. 1, recorded by P.W. 3, has been exhibited as Exh. 10. P.W. 4 Amit is one of the panch witnesses in whose presence spot panchnama was drawn by the police. P.W. 5 was present in the hospital when clothes of the complainant/injured were seized at General Hospital, Amravati. It appears that the complainant/injured was taken to General Hospital from Astha Private Hospital. P.W. 6 is also panch witness in whose presence personal search of the appellant was taken. It is stated by this witness that during the course of search of the appellant the police had recovered an amount of Rs. 7,680/-, a surgical knife, a packet of chilly powder and a steel chain. All the articles were seized under panchnama Exh. 24. P.W. 7 is also one of the eyewitnesses. P.W. 8 is Investigating Officer and P.W. 9 is Medical Officer who had examined the complainant.