SHRIPAT BARKU BHAGAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 20th September 1995 passed by the Sessions Judge, Raigad in Sessions Case No.151 of 1992, 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 5(five) years, and to pay a fine of Rs.1,000/ in default to suffer Rigorous Imprisonment for 2(two) years. There was one more accused i.e. one Barku Mundhe (accused no.2) in the said case, but the learned Sessions Judge acquitted him.

(2.) The case of the prosecution, as put forth before the trial court, may, in brief be stated thus : Jairam (PW 2), a resident of Village Bhatgaon had gone to the house of Mahadu Mundhe at Bhoirwadi for attending a dinner hosted by the said Mahadu Mundhe. Taturam (PW 3), Ganpat (PW 6), and a number of others had attended the dinner party. The appellant was also one of the invitees. When the dinner was going on, the appellant started teasing Jairam which was not liked by Jairam, and he therefore, abused the appellant. On this, the appellant had got up and attempted to assault Jairam, but due to the intervention of the son of the appellant, no untoward incident took place there. The appellant, however, threatened Jairam that he would 'see him.' After the dinner party was over, the invitees were going back. Jairam, Taturam and Ganpat were also going towards their houses. When they had crossed a distance of about 400 feet, the appellant came from behind and abused Jairam in filthy language. The appellant then hit Jairam with a stone on the left side forehead of Jairam. Jairam fell down. He had sustained a serious bleeding injury. He was taken to the rural hospital in an unconscious condition. He was then referred to the J.J. Hospital, Mumbai, for further medical treatment.

(3.) The prosecution examined 7 witnesses during the trial. I have gone through the evidence of these witnesses. I have also gone through the impugned judgment.