PRATAP BABURAO SHEVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Appellant herein is convicted for offence punishable under section 307 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for 5 years and fine of Rs. 500/- in default to suffer further rigorous imprisonment for 6 months, he is also convicted for offence punishable under section 324 of Indian Penal Code and sentenced to rigorous imprisonment for one year and fine of Rs. 500/- in default to suffer further rigorous imprisonment for two months in Sessions Case No. 33 of 1996 by 5th Additional Sessions Judge, Kolhapur vide Judgment and Order dated 13/09/1996. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows.

(3.) On 17/01/1996, annual gathering of K.I.T. College was going on. After the scheduled programme Vinodkumar Thakur, Dhananjay Jadhav and Kirtikumar Shah were chitchatting in front of Vishnupant Niwas. It is alleged that at that time, present appellant suddenly appeared on the scene and enquired as to who is Vinodkumar Thakur from Himachal Pradesh. The other two friends had pointed out. Soon thereafter, appellant had stabbed Dhananjay Jadhav in his abdomen. Vinodkumar Thakur started fleeing from the spot, present appellant chased him, accosted him and caused injury to him. Both the injured were taken to the hospital. It was noticed by the doctor that the said persons had sustained contused lacerated wounds etc. It was clear that it was a medico legal case. During the pendency of the trial, learned Magistrate was pleased to refer the accused/appellant to psychiatrist in order to ascertain his mental health. Report was received that the appellant is a subject of 'Paranoid Schizophrenia' and that he needs to be taken care of. In the meanwhile, report was lodged and the appellant was taken into custody. Since he was taken into custody, he had disclosed that he has lost his mental equilibrium. In the month of April 1996, learned Sessions Court had referred him to the psychiatrist and the said report confirmed that he is the victim of 'Paranoid Schizophrenia'. On the basis of report of Kirtikumar Shah, crime no. 5 of 1996 was registered against the accused for offence punishable under section 307 of Indian Penal Code. Investigation was completed and charge-sheet was filed. Case was committed to the court of sessions and registered as Sessions Case No. 33 of 1996. Prosecution examined as many as 14 witnesses to bring home the guilt of the accused.