BALU TUKARAM KUSALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the finding of conviction as recorded by the learned IInd Ad-hoc Addl. Sessions Judge, Shrirampur, in Sessions Case No. 2 of 1998 vide order dated-30th October, 2004 for the offence punishable under Section 307 of the Indian Penal Code and thereby sentencing the appellant to suffer rigorous imprisonment for seven years and to pay fine of Rs. 2,000/- and in default to suffer rigorous imprisonment for one year.

(2.) The prosecution story, in brief, is as under : That, the accused Nos. 1 and 2 are real brothers. THE complainant victim (since deceased) Raju Pandurang Kusalkar who is cousin of the accused alongwith his brother-in-law Sanjay (P.W.7) were going to a theatre to watch a movie. It is the prosecution case that in front of hospital of one Dr. Ghavate at about10. 00 p. m. both the accused persons met the complainant and Sanjay and that they were under the influence of liquor. It is alleged that the complainant and the victim had some altercation regarding sending of Rakhis by the sister of the accused to the complainant. It is alleged that at that time, accused No. 1 threatened that he would kill all the brothers of complainant and thereafter caught hold the collar of the complainant and stabbed him on his stomach. It is alleged that the complainant shouted. At that time, both the accused persons ran away. THEreafter, the victim complainant was brought by Sanjay in the hospital of Dr. Ghavate. THE complainant was in conscious state, he was treated by Dr. Ghavate and thereafter shifted to Civil Hospital, Ahmednagar. Offence under Section 307 and Section 506 of the Indian Penal Code was registered. THE accused came to be arrested. On the basis of memorandum of the accused No. 1 the knife was seized. After completion of the prosecution, the charge was framed. THE accused pleaded not guilty and claimed to be tried.

(3.) Heard Shri. D. R. Kale Patil, learned counsel for the appellant and Shri. Deelip Bankar Patil, learned A. P. P. for the respondent No. 1.