SUBHASH ASHOK BHIMRAO BADHIYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 307 of the Indian Penal Code. The learned counsel Mr. Bramhe is heard on behalf of the appellant and learned Additional Public Prosecutor Mr. Bhagde is heard on behalf of the State.

(2.) As far as the incident in question is concerned, the evidence of witnesses appears to be acceptable. The learned counsel Mr. Bramhe has also not argued much on the issue of reliability of those witnesses. However, it is submitted that the act committed by the appellant would not amount to offence punishable under Section 307 of the Indian Penal Code. It was brought to my notice that there was no intention to cause death inasmuch as the incident had taken place on a spur of moment when the injured was driving the cycle-rickshaw and the appellant felt that he was driving his rickshaw in the direction of the appellant and therefore, there was a quarrel. Only one injury was caused. The size of injury was 1 1/2 x 1/2 cm. The perforation was only 1 cm.

(3.) There is no evidence that the appellant had voluntarily caused grievous hurt to the injured by means of a knife. However, it can safely be concluded that the appellant had voluntarily caused hurt to the injured by means of the knife. This will fall under Section 324 of the Indian Penal Code. The incident had occurred on 13th October, 1992. As such more than 24 years have passed from the date of the incident till the date of decision of the present appeal. It appears that the appellant was arrested on 14th October, 1992 and was released on bail on 15th April, 1993. As such he was in custody for six months. Considering the nature of injury and the time which has elapsed between the date of offence and decision of the appeal, I am of the view that it will not be just and proper to send the appellant in custody again. In my view, already undergone custody period will meet the ends of justice. Hence, I pass the following order.