PUNAMCHAND BHAGCHAND SARDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 13th may 1982 passed by the learned Additional sessions Judge, Nashik in Sessions Case No.3 of 1982 convicting and sentencing him to undergo 10 years RI and to pay a fine of Rs.2,000/- in default to further undergo one year's RI under section 304 part I IPC and to rising of court and a fine of Rs.500/-, in default to suffer 1 month's RI under section 323 read with 34 IPC has come up in appeal before us. Along with the appellant four others viz.Bhagchand Dhana Sardar, Natha Dhana Sardar, Tansingh Dhana Sardan and Shantaram Dhana Sardan were also prosecuted and tried but it appears that as they were convicted under section 323 read with 34 IPC and sentenced to suffer simple imprisonment till rising of the court and to pay a fine of Rs.500/- in default to suffer imprisonment for one month, they have not come up in appeal.

(2.) THE prosecution case in brief runs as follows:-

(3.) AFTER the lodging of the FIR the injuries of Dhondu, Goga Bandu, Balu Supadu and Babulal Bandu Sardan were medically examined in the late hours of the night of 27/28th September 1981 by Dr.Ekbal Nagaonkar PW 7. On the person of Goga Bandu the doctor found the following injuries:-