SAMPAT RAMRAO SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 31-7-1993, passed by the Additional Sessions Judge, Baramati, in Sessions Case No. 20 of 1992 convicting and sentencing him to under-go 7 years Rigorous Imprisonment and to pay a fine of Rs. 5,000 and in default to further suffer 2 years rigorous imprisonment, under section 304, Part I I. P. C. , has come in appeal before us.

(2.) THE prosecution case in brief runs as under : the informant Rajendra (P. W. 1) runs a grocery shop known as Tushar Kirana Stores. The aforesaid shop is located in village Khamgaon, Taluka : Daund, District Pune. On 5-3-1991 and 6-3-1991 there was a fair in the informants village. On 6-3-1991 between 7. 30 and 8. 00 p. m. while the informant was in his grocery shop, the acquitted accused Ashok Baban Nagawade and his friends came there and started threatening him and his brother Sanjay who also happened to be there. Sanjay is alleged to have lodged an F. I. R. at Police Station Yewat pertaining to this incident. At about 3. 00 p. m. on 13-3-1991 when the informant, deceased Sanjay, informants father Ramchandra and his relations Haribhau and Rajaram were sitting on the platform in front of their shop, the acquitted accused Shamrao Shelke, the brother of the appellant came there. He started abusing the informant and the deceased on the ground as to why the deceased had lodged an F. I. R. against the acquitted accused, Ashok. Thereafter he is alleged to have threatened them to the effect that he would teach them a lesson. The informant is alleged to have asked Shamrao to leave the place as there were guests in his house. When Shamrao started leaving for his house, the present appellant along with his brothers Rajendra, Shivaji Ramrao Shelke and his father Ramrao Dashrath Shelke (all acquitted accused) is alleged to have come there. It is said that whereas the appellant and Shamrao Ramrao Shelke were holding knives, Ramrao Dashrath Shelke, Rajendra Ramrao Shelke, and Shivaji Ramrao Shelke were holding lathies. The allegation is that the appellant, Shivaji, Rajendra, Shamrao and Ramrao started assaulting the informant and the deceased with their weapons. It has been specifically alleged that the appellant inflicted a knife blow on the left side of the chest of the deceased Sanjay and Shamrao Ramrao Shelke assaulted the informant with a knife on his abdomen. It is also the specific case of the prosecution that the acquitted accused Ramrao, Rajendra and Shivaji assaulted the informant and the deceased with lathis. As a result of the assault launched on them, there was bleeding from their injuries. After the assault, the acquitted accused persons and the appellant are alleged to have run away. Subhash Dinkar, Shivaji Laxman and Ravikant Laxman are alleged to have carried the informant and Sanjay first to Yewat Police Station and thereafter to Primary Health Centre. There the doctor declared Sanjay to be dead. He sent the informant to the Sasoon Hospital Pune for treatment.

(3.) THE injuries of the informant Rajendra (P. W. 1) were medically examined at 1. 40 a. m. on 13-3-1991 by Dr. Jayker of Sasoon Hospital, Pune. The doctor found a stab injury 1" x 1/2" on the abdomen 4