GOUTAM GOPAL JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Appeal, judgment and order of the learned Additional Sessions Judge, Ratnagiri, in Sessions Case No.33 of 1994, is the subject matter of challenge. The accused/appellant was found guilty of offences punishable under Ss. 335 and 452 of the Indian Penal Code, 1860 (for short, 'IPC'). He was sentenced to suffer rigorous imprisonment for two years and a fine of Rs.500.00 and rigorous imprisonment for two years and a fine of Rs.500.00 with default stipulations, respectively.

(2.) It is the case of the prosecution that on the evening of 8/11/1992, accused Gautam went to injured Gangaram's house and abused him. Later that night, when Gangaram was washing his hands after dinner, Gautam suddenly yanked his pants and stabbed him in the stomach with a knife, causing a bleeding injury. Nirmala saw the attack after she heard the noise and came out of her house. Gautam then ran away. Injured Gangaram then went to Dattaram Jadhav's yard, where he met Yashoda, his sister-in-law. On asking, Gangaram told her that Gautam had assaulted him. Gangaram was taken to the hospital at Guhagar.

(3.) Yashoda lodged the FIR at 1.45 a.m. on 9/11/1992, and the police registered the crime vide CR No.60 of 1992 for the offence punishable under Ss. 307, 326, 504 and 452 of the IPC. The investigation commenced thereon. The police arrested the accused, interrogated the witnesses and recorded their statements.They also seized the clothes of the injured Gangaram and the accused Gautam, which they wore at the time of occurrence. The accused Gangaram made a disclosure leading to the recovery of the weapon of offence, i.e. knife. The police visited the scene of a crime and prepared Panchnama in the presence of public witnesses. While drawing Panchnama, police seized plain earth and earth mixed with blood. All the incriminating articles were sent to the Regional Forensic Science Laboratory, Pune.