SAGAR SANJAY BARVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal is directed against the judgment and order dtd. 30/08/2016 in Sessions Case No.335 of 2015 passed by the learned Additional Sessions Judge, Nashik, thereby the appellant was convicted for the offences punishable under Ss. 302, 324 and 34 of the Indian Penal Code ("I.P.C.") and under Ss. 135 of the Maharashtra Police Act, 1951 ("the Act") and he was sentenced as under:

(2.) As unfolded from the record, the prosecution story was that on 10/07/2015, at about 7.30 am, P.W.1 was present at home. At that time, his neighbor Ms. Lilabai Karankar called him and informed that a quarrel was going at the public toilet, which was near their residence. P.W.1 came out and saw that a crowd had gathered near the said public toilet. Immediately, he went there and saw that the appellant and his associate/a juvenile in conflict with law ("JB") were beating his nephew Yogesh. The appellant was giving knife blows to Yogesh. P.W.1's brother-in-law Pandurang Kuyate, his other nephew Vilas Pandurang Kuyate and P.W.5 Dinesh Thakur were rescuing the quarrel. P.W.1 also tried to rescue Yogesh. However, the appellant got annoyed and therefore, he gave a knife blow on the chest of P.W.1.Then the appellant and the JB fled away from the spot. P.W.1 chased them but he could not find them. P.W.1, then returned to the spot. Yogesh had sustained bleeding injuries. Pandurang Kuyate removed Yogesh to the Civil hospital in an auto rickshaw. Since P.W.1 had also sustained bleeding injury on his chest, P.W.5 took him on his motor-cycle to Suyog hospital for treatment. Meanwhile, P.W.1 learnt that at the time of the incident Yogesh had gone to the said public toilet. The appellant and the JB raised a quarrel with Yogesh on account of the number in the queue for toilet and then the appellant and the JB assaulted Yogesh and P.W.1 with a knife.

(3.) On getting information of the incident, the police visited P.W.1 at Suyog hospital and recorded his statement-cum-report (Exh.13) therein he had narrated the incident as stated above. Initially, the police registered that Report at FIR No.241 of 2015 under Ss. 307 and 34 of I.P.C. and Sec. 135 of the Act. By that time, Yogesh had succumbed to his injuries. Therefore, an offence of Sec. 302 I.P.C. was added. During investigation the police recorded the spot panchnama, inquest panchnama and referred the body for post mortem. The Investigation Officer recorded the statement of the witnesses, arrested the appellant and seized the clothes of Yogesh, P.W.1 and the appellant. The knife used in the offence was recovered by the police pursuant to the appellant's voluntary statement recorded under Sec. 27 of the Evidence Act.