RAMESH BABURAO PHARANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein is convicted for offence punishable under punishable under section 323 of Indian Penal Code and is sentenced to rigorous imprisonment for 6 months and fine of Rs. 1,000/- in Sessions Case No. 195/1990 by 2nd Additional Sessions Judge, Satara vide Judgment and Order dated 28/02/1995. Hence, this appeal. Such of the facts which are necessary for the decision of this appeal are as follows.

(2.) On 27/02/1990, at about 6.15 pm, Kisan Valandiya, maternal uncle of deceased Santosh was present in the house. He heard the cries of victim Santosh. When they came out of the house, they saw accused/present appellant had brought Santosh near the house by dragging him with his leg. Accused had given a blow on the abdomen of victim Santosh. Santosh became unconscious. Kisan had questioned the accused as to why he had assaulted Santosh and the accused had replied that Santosh had entered into his field and therefore he assaulted him. It is alleged that accused had taken kerosene lamp from the house of Balu Mithapura and had threatened father of Vinod, P.W. 3 that he would set the hut on fire. Accused had fled from the spot. Victim Santosh was taken to the doctor at Saigaon. However, victim Santosh had expired.

(3.) Kisan Valandiya had lodged a report on the same day at about 9.15 pm. On the basis of his report, crime No. 28/1990 was registered against present appellant for offence punishable under section 302 and 506 of Indian Penal Code. Investigation was set in motion. Accused was also arrested on the same day. After completion of investigation, charge-sheet was filed on 08/10/1990. Case was committed to the Court of Sessions and was registered as Sessions Case No. 195/1990. Prosecution examined 8 witnesses to bring home the guilt of the accused.