KHEMCHAND TUKARAM BADGUJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 29-7-1994 passed by the Additional Sessions Judge, Dhule, in Sessions Case No. 122 of 1993 convicting and sentencing him to undergo five years R. I. and to pay a find of Rs. 500/- in default to suffer further R. I. for two months under section 307 I. P. C. and to two years R. I. and a fine of Rs. 500/- in default to suffer further R. I. for two months under section 363 I. P. C. ; substantive sentences to run concurrently, has come up in appeal before me.

(2.) THE prosecution case in brief, as emerging from the evidence on record, is that the victim Deepak (P. W. 4) is the son of one Uttam Mali (P. W. 1 ). Uttam had a younger brother by name of Ramesh Mali (P. W. 2), who was running a photo studio in which the appellant was working. About 6 months prior to the incident on account of the appellant coming late to the studio he was turned out by Ramesh. On this score the appellant nursed a grudge not only against Ramesh but his nephew Deepak also.

(3.) DEEPAK (P. W. 4) at the time of the incident was a student of Class 3 in Nutan Vidya Mandir. At about 5. 30 p. m. on 13-10-1993 the appellant met Deepak at the school and on a cycle took him towards the temple of Ekvira Goddess and the garden nearby. At about 7. 30 p. m. he reached Deepak back to the house of his parents. On account of Deepak returning late his parents reprimanded him and also the appellant. On 14-10-1993 as usual Deepak left for the school at about 12 noon but did not return till 5. 30 p. m. , the time of his coming back from the school. After the school got over the appellant met Deepak at Ganesh Vachanalaya and told him that he had taken permission of his parents to take him for a stroll. Thereafter he took him on a cycle in the direction of village Fagane on Parola road. On a culvert on that road near Shanti Hotel the appellant stopped the cycle and made Deepak lie down near the wall. Thereafter he took out a shaving blade of Topaz make and gave a number of cuts on the stomach as well as the neck portion of Deepak with the same when Deepak cried the appellant is alleged to have run away. After some time Deepak got up and requested one cyclist by name of Ratilal to take him to Dhule. Ratilal brought him to Shanti Hotel. Sunil Chauadhari (P. W. 8) the owner of the Shanti Hotel informed Taluka Police Station Dhule on telephone and then removed Deepak to Civil Hospital, Dhule. The injuries of Deepak were medically examined by Dr. Puri (P. W. 10) of Civil Hospital Dhule at 9 p. m. on 14-10-1993. Dr. Puri found the following injuries on the person of Deepak:-