SANJAY SHANKAR SHAHU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the respondent/State. The appellant has been convicted by the learned Additional Sessions Judge, Nagpur 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 fine of Rs. Five Hundred in default to suffer simple imprisonment for one month. The appellant was tried along with accused No. 2 Deelip @ Vicky Shalikram Shahu. The accused No. 2 has been acquitted of the charge.

(2.) THE incident in question had occurred on 26th January, 2012 at about 9.30 p.m. at MHADA Colony, Nagpur. It is alleged that complainant -P.W. 1 Ashish Karne was sitting near his house and was chitchatting with his brother viz. Atul Karne. In the meantime, the appellant came there and assaulted P.W. 2 by knife and caused injury to his abdominal area. Injured P.W. 2 was taken to hospital and was admitted in the hospital and was discharged on 19th March, 2012. He was examined and treated by medical officers of Mayo Hospital.

(3.) IT has come on record that P.W. 2 was under the influence of liquor at the time of incident. It has also come in the evidence that P.W. 2 had been abusing one Shahu. At this stage, it is necessary to be stated here that the surname of the appellant is Shahu.