RAMESH DATTATRAYA RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the appellants/accused challenging the judgment and order passed by 2nd Additional Sessions Judge, Akola in Sessions Trial No. 36/1999 on8-3-2000 wherein the appellant no.1 - Ramesh Raut was convicted and sentenced for offence under section307 of I. P. C. for imprisonment of life and to pay fine of Rs. 5,000/-, in default to R. I. for 2 years and the appellant no.2 Vijay Raut was convicted for offence under section325, I. P. C. and sentenced to suffer R. I. for 2 years and to pay fine of Rs. 2,000/-, in default to undergo R. I. for 2 years and to pay fine of Rs. 2,000/-, in default to under go R. I. for 9 months.

(2.) THE prosecution case in brief is that on10-12-1998 injured - Namdeo Narayan Raut (P. W.1) returned from his field at about6. 00 p. m. THE appellant No. 1 Ramesh was abusing him. Godawari, sister of injured Namdeo told him that the appellant Ramesh was abusing them and that Anil and other brother of Namdeo had left the house after hearing the abuses and Anil returned home at about8. 00 p. m. THE appellant Ramesh when returned home at night started abusing Namdeo, his brother Anil. Some people intervened and pacified the appellant. THEreafter Namdeo and his family members went to sleep.

(3.) WITH the assistance of the learned counsel for the appellant and learned A. P. P. for respondent-State we have carefully gone through the evidence on record. We have heard the learned counsel for the appellant and learned A. P. P. for the State. Before we consider their submissions, we wish to state some factual position in this case about which there is no dispute and on the basis of evidence on record it is also established. Both the injured witnesses Namdeo and Anil were removed to the Hospital at Akola and they were examined by Dr. Sandeep Arsad (P. W.15) who was then the Medical Officer attached to the hospital. So far as Namdeo is concerned, Dr. Sandeep Arsad on examining him found injuries which he has noted in the certificate Exhibit 74 as under : 1] stab injury on the back at lumber region. Size 3 cms. long and x 2 cms. wide, caused by sharp object, age of injury within 12 hours, healing time in absence of completion of 2 to 4 weeks. 2] stab injury with fracture tibia fibula on the left leg below knee joint, size 5 cms. long caused by hard and blunt and sharp object. Doctor opined that fracture of tibia fibula might have been caused due to hard and blunt object and the stab injury might have been caused due to sharp cutting instrument. As he suspected fracture he advised X-ray of left leg and also X-ray of chest. On perusal of the X-ray plates it was noticed that there is fracture of Tibia Fibula. On examining the weapon he opined that stab injury was possible by knife (Article 8) and the fracture could be caused by iron pipe (Article no.9 ). He has stated in his evidence that stab injury was on vital part namely chest and if no treatment had been given the said stab injury would have been sufficient in ordinary course of nature to cause death.