SIKANDAR HUSSEN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant (hereinafter referred as "accused") has been convicted by 3rd Additional Sessions Judge, Ahmednagar in Sessions Case No.8 of 2000, for offence punishable under Section 325 of the Indian Penal Code, 1860 (for short "I.P.C.") and has been sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2000/. In default, he has to suffer rigorous imprisonment for three months. Aggrieved by the conviction and sentence, this Appeal has been filed.

(2.) The complainant - Khalil Dilawarkhan Pathan filed the complaint registered at Crime No.215 of 1998 with Kotwali Police Station, Ahmednagar. It related to assault by the Appellantaccused. The Appellantaccused also filed a counter case against the complainant Khalil and his sister Naushadbee regarding assault by knife, leading to filing of Sessions Case No.182 of 1998 under Section 307 of I.P.C. Consequently, both the cases were tried by the Court of Sessions and in both the matters the Sessions Court convicted respective accused. Khalil Pathan - accused in counter case expired during pendency of his Criminal Appeal No.147 of 2000 which, consequently abated.

(3.) The case of prosecution, in brief, is as under: