PRABHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred against the judgment and order dated 14th November, 2000, delivered by 2nd Additional Sessions Judge, Akola thereby convicting the appellant for an offence punishable under Section 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 5 years.

(2.) BRIEFLY stated, the facts of the case are as under:

(3.) IT appears that the appellant became displeased with Digamber Tale because of his refusal to stand by said demand of appellant. On 11.6.1998, Digambar Tale was proceeding from in front of the house of one Bhagwan Ingle at about 11.00 or 11.30 in the morning when the appellant suddenly emerged from behind Digamber Tale and assaulted Digamber Tale by means of a chopper (Koita) held by him. The appellant delivered blows of chopper to head as well as neck and shoulder of the injured person, as a result of which, the injured -Digamber fell down on the ground. Thereafter, the appellant fled from the spot.