(1.) Takin,g exception to his conviction for offence punishable under section 307 of the Penal Code and sentence of rigorous imprisonment for three years and fine of Rs. 1,000/- imposed upon him by'the learned Additional Sessions Judge, Yavatmal, the appellant has preferred this appeal.
(2.) Facts, which led to the appellant's prosecution, are as under : victim Avinash was to marry one Janabai alias Jaishree on 25-5-1991. Janabai's elder sister Sanghmitra was married to accused Sadanand. The accused was allegedly opposed to the marriage of Avinash with Janabai. The accused was also allegedly suspecting that Avinash was having illicit relations with his wife. On the night of 22-5-1991, the accused made a murderous assault on Avinash by inflicting multiple stab injuries, when Avinash was sleeping on a wooden cot in his Courtyard. Cries of Avinash woke his mother Kausalyabai. The accused took to his heels. The victim was carried to the hospital and his report was recorded.
(3.) After completion of investigation, police sent charge-sheet against accused Sadanand for offence punishable under section 307 of the Penal Code.