MANIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is directed against the conviction of the appellant for the offence punishable under 307 of I.P.C. and sentence of simple imprisonment for 7 years and fine of Rs.1000/- in default simple imprisonment for 1 year by 1st Ad hoc Additional Sessions Judge, Pusad in Sessions Trial No. 36/2004 on 20.9.2005.

(2.) THE case of the prosecution in brief is that on 3.3.2004 around 7 p.m. Harlal Dhannu Chavan (PW1) and his son Manik Harlal Chavan (PW2) were at their home. At that time the appellant came to their house in a drunken state, abused them over old dispute and returned to his home. After some time PW1 Harlal and PW2 Manik went to the house of the appellant. PW1 Harlal asked the appellant as to why he used to abuse them. Thereupon the appellant went inside the house, came out with a dagger, assaulted PW1 Harlal with a dagger on the right side of his stomach and ran away. PW1 Harlal was seriously injured. PW2 Manik raised alarm. People rushed there.

(3.) CRIME No. 10/2004 under Section 307 of IPC was registered against the appellant. On the next day blood stained shirt and blood stained dagger was seized from behind the house of the appellant in presence of the panchas. The property was sent for chemical analysis. It was reported that human blood was detected on the dagger and the shirt, however, blood group could not be detected. After completion of investigation, the appellant was charge sheeted.