NANDAKUMAR @ NANDYA LAXMAN DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant on being charged for committing offence punishable under Sec. 307 of the Indian Penal Code and alternatively under Sec. 307 read with 34 of the IPC, is convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No.11/1993, by Judgment dtd. 31/3/1997 under Sec. 326 of the IPC for causing grievous injury to Regina Mery Chettiyar (PW 1), Sulbha Saudagar (PW 3) and Tarabai Mahadkar (PW 4). On fnding him guilty of causing grievous hurt, he is sentenced to undergo 3 years RI and to pay fne of Rs.5000.00 i.d. to undergo sentence for 6 months.

(2.) Being aggrieved by the aforesaid Judgment, the present Appeal is fled which came to be admitted 29/8/1997. By the very same order, the Appellant was directed to be released on bail, and realization of the fne is stayed.

(3.) On perusal of the record and proceedings of the Sessions Judge, who examined 9 witnesses on behalf of the prosecution four of whom i.e. PW 1 to PW 4 are the injured persons. Two Medical Offcers are examined being PW 6 and PW 8. Whereas, PW 9 is the Investigating Offcer attached to Goregaon Police Station who conducted the investigation. PW 5 and PW 7 the Panch witnesses are examined by the prosecution to establish the charge levelled against the present Appellant who was arraigned as Accused No.1, alongwith Accused No.2 Mala Chettiyar (already deceased).