AHMED RAZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 31/10/2018, passed by learned Additional Sessions Judge, Pune, in Sessions Case No.743 of 2013. The Appellant was convicted for commission of offence punishable U/s.307 of the I.P.C. and was sentenced to suffer R.I. for five years and to pay a fine of Rs.3000.00 and in default of payment of fine to suffer S.I. for three months. He was also convicted for commission of offence punishable U/s.326 of the I.P.C. and was sentenced to suffer R.I. for two years and to pay a fine of Rs.2000.00 and in default of payment of fine to suffer S.I. for one month. Both the substantive sentences were directed to run concurrently. He was granted set off U/s.428 of the Cr.p.c.

(2.) Heard Shri. Swapnil Ovalekar, learned counsel for the Appellant and Smt. Tidke, learned APP for the State/Respondent.

(3.) The prosecution case is that, the appellant was married to PW-1 Huma in the year 2008. They were blessed with a son. In May 2013, they had gone to Pune to attend the wedding of Huma's cousin. On 19/05/2013, the appellant was to return to Mumbai. At that time, there was some quarrel between the appellant and Huma. The appellant assaulted her with a knife causing bleeding injuries on her neck, cheek etc. Huma's brother Mohammad Ruman came to their room to save her. In the process, the appellant also assaulted him causing fracture of his finger besides causing other bleeding injuries. Huma was taken to the hospital. PW-2 lodged his F.I.R. at Kondhwa police station, Pune vide C.R.No.158 of 2013. The investigation was carried out. The injury certificates of both the injured were collected. The spot panchanama showed that the knife was lying at the spot. It was seized. The clothes of the victim, as well as, clothes of the appellant were seized. All the articles were sent for chemical analysis. At the conclusion of the investigation, the charge-sheet was filed and the case was committed to the Court of Sessions.