PAWAN RATAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for applicant and learned APP for State.

(2.) The present application is filed for suspension of sentence. After going through the depositions and relevant documents, admittedly the accused was not carried any weapon with him. Learned Judge while appreciating evidence of PW-5 observed that there was scuffle between accused and Sonu and in that scuffle accused snatched knife from the hands of Sonu and inflicted injury to his stomach. This witness also admitted that knife was belonging to deceased. As such, at the relevant time, prima facie there is no intention of the accused to kill the deceased.

(3.) Learned APP vehemently submitted that considering the 14 injuries on the body of deceased, it can be seen that the accused exceeded to his self defence and, therefore, it is rightly concluded that there was an intention to kill Sonu, which is formed at the time of scuffle itself.