SHALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 17th of August, 2013 passed in Session Trial No. 459 of 2012, by the Additional Sessions Judge, Nagpur, thereby convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for six years and to pay a fine of Rs. 1000/-, in default to undergo simple imprisonment for two months. In brief, it is the case of prosecution that complainant Shabib s/o Nabi Shaikh is residing at village Junoni, Tq.Umred, with his family members. On 23rd of October, 2000 his father PW1 Abdul Nabi, injured, returned to his village from Umred and informed the complainant that while he was travelling in the bus, one lady by name Lalita Rathod, resident of their village, abused him and spat on him and for this reason he gave understanding to her, because of which she complained against PW1 Abdul Nabi to appellant, who is her brother-in-law. In the background of above facts, it is further case of prosecution that on the day of incident when PW1 Abdul Nabi was present in the house of PW4 Moreshwar Urkude, who was his neighbour, complainant Shabib went there to call his father Abdul Nabi for dinner, at that time the appellant was found present out of the house of PW4 Moreshwar having armed with two swords and suddenly committed assault upon Abdul Nabi on his head, right hand shoulder and abdomen. On complainant's intervening the assault, he was pushed away. In the meantime, PW2 Banobi, mother of complainant, came on the spot and upon her enquiring with the appellant about the reason for assault, she was also subjected to assault wherein she sustained injury on her left wrist. Appellant then ran away from the spot.

(2.) PW3 Shabib with the help of his mother PW2 Banobi carried Abdul Nabi in injured condition to Umred and lodged his report. On the basis of said report, offence came to be registered vide crime No. 170 of 2000 which was investigated, during the course of which, on the following day, spot panchanama was drawn vide Exh.39 and articles were seized from the spot under seizure Memo Exh. 16. Injured was referred for medical examination. Blood sample of injured and his blood stained clothes were seized under seizure memo Exh. 25. Appellant was arrested on 16th of May, 2001. During the course of interrogation, memorandum statement of accused came to be recorded as per Exh.42 and in pursuance of same one sword came to be recovered and seized under seizure memo (Exh. 18). The blood sample of appellant was obtained and seized under seizure memo Exh.43. The sword was forwarded to Medical Officer for opinion of which report is at Exh.34. Seized muddemal articles were forwarded for its analysis to Chemical Analyzer, Nagpur. On completion of investigation, chargesheet came to be filed before the Court of Judicial Magistrate (F.C.), Umred. In the course of time, case came to be committed for its trial to the Sessions Court.

(3.) Charge was framed against the appellant vide Exh.3 to which he pleaded not guilty and claimed to be tried. The defence of appellant is of total denial. In the alternative, it is the case of appellant that Abdul Nabi had a quarrel with Lalita Rathod to whom he abused and on alighting from bus, due to that reason public had gathered on the spot and assaulted Abdul Nabi.