MEHBOOB MUKHTAR ANSARI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 5th September 2006 delivered by the Adhoc Addl. Sessions Judge, Sewree in Sessions Case No.307/96, convicting the appellant who was an accused in the said case of an offence punishable under section 307 of the IPC, and sentencing him to suffer Rigorous Imprisonment for a period of 10 years, and to pay a fine of Rs.3,000/ in default to suffer Rigorous Imprisonment for 1(one) month.

(2.) I have heard Mr.P.R.Moses, the learned counsel for the appellant. I have heard Mrs.M.R.Tidke, learned APP for the State. With the assistance of the learned counsel, I have gone through the record of the case, and more particularly, the notes of evidence recorded during the trial, and the impugned judgment.

(3.) The allegation against the appellant was that on 26th December 2005, he had assaulted Rafique Hasan Shaikh (PW 2) by a sharp edged weapon i.e. a razor (oLrjk), causing injuries on the throat and the back of the head of the said Rafique.