CHANDRAHAS NARAYAN PUJARI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against judgment dated 29.9.2011 whereby the Extra Joint Ad hoc Addl. Sessions Court, Sewree, Mumbai has convicted the accused for offence punishable under Section 326 r/w. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay fine of Rs. 10,000/- in default to suffer rigorous imprisonment for 6 (six) months. Brief facts leading to filing of the appeal are as under:-

(2.) The injured was referred to hospital. He was examined and treated initially at St. George Hospital and thereafter at Bombay Hospital. He visited the scene of offence, conducted the spot panchanama, collected the incriminating material from the scene of offence. He also recorded the statement of the injured and seized the clothes of the injured under panchanama at Exh. 27. The accused No. 1 came to be arrested on 24.11.2009, arrest panchanama at Exh. 16 was drawn in the presence of panchas.

(3.) While in the custody, accused Ashok Das - original accused No. 1 made a disclosure statement and volunteered to show the shop from where he had purchased the weapons. He prepared memorandum panchanama at Exh. 61 and pursuant to the disclosure panchanama he proceeded to the shop shown by the accused.