JANARDAN FAKIRA TANTAKWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by accused, who was convicted by the Additional sessions Judge, Gadchiroli under Section 307 of the Indian Penal Code and was sentenced to suffer seven years rigorous imprisonment and to pay a fine of Rs. 2,000/ -.

(2.) The facts short of details are as under :-On 2-3-1997, complainant Gogarayya had gone to the house of the accused being son of his friend. When he went there, the wife of the accused and the mother were present. They requested the complainant to take dinner with them. However, he did not take dinner. Accused Janardan came under influence of liquor at home around 8 p. m. and asked his wife to serve dinner to him. When she served the dinner, the accused started abusing her. When the mother of accused, Bhagubai, questioned as to why the accused was abusing his wife, he dealt a slap to his mother. He started beating his wife. The wife of the accused came outside the house. The complainant was sitting on a cot outside the house. Accused Janardan came out of the house with a knife and wanted to assault his wife. She avoided the blow, however, she sustained injury to her finger. The complainant said to accused that since he, i. e. complainant, had come as a guest, it was not proper to beat his wife. On this, the accused went near the complainant and inflicted a blow on his neck with the knife. The complainant shouted. The neighbours came and they removed the complainant to the hospital. The complainant was treated in the hospital. He lodged report with the police. Accused was arrested. He discovered the knife with which he had caused injury to the complainant. The spot panchanama was drawn and after completion of investigation, charge-sheet was filed against the accused.

(3.) The Judicial Magistrate (FC) committed the accused to the Court of Sessions. The Sessions Judge framed the charge against the accused, which he pleaded not guilty and claimed to be tried. After recording the evidence, the Sessions Judge found the accused guilty of offence punishable under Section 307 of I. P. Code and sentenced him accordingly.