RAGHLAL BRIJLAL KODAPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused No. 1 who was convicted under section 307 of the Indian Penal Code has come up in appeal. He is sentenced to suffer imprisonment of 7 years and to pay a fine of Rs. 500/ -. The appellant hereinafter shall be referred to as accused No. 1.

(2.) The prosecution case in brief is as follows : accused No. 1 is the resident of village Bhivsen Tola. The complainant is also the resident of same village. Accused No. 1 was carrying an impression that complainant Bharat practices black magic. Since he practiced black magic the accused No. 1 used to call him a quack. Accused No. 1's father behaves like lunatic. The accused No. 1 therefore always suspected that complainant has practiced black magic on his father. On 30-9-2004 it is alleged that accused No. 1 along with accused Nos. 2 and 3 were lying in wait for complainant when complainant had gone out for a stroll with his father-in-law. Accused accosted the complainant near the house of one Rajkumar Meshram. They did not say anything. Accused No. 1 Raghlal immediately took out a knife and inflicted a blow on the abdomen of the complainant and he ran away. Complainant fell down. He went running at the house of one Sakharam where his wound was wrapped and he was later removed to hospital at Sakoli. From Sakoli he was referred to District Hospital where he was required to undergo operation. Police recorded the statement of the complainant. Offence came to be registered. Three accused were arrested.

(3.) During the course of investigation accused No. 1 Raghlal made a statement that he would show the knife which he has concealed as well, as the clothes. Accordingly a memorandum was prepared. Accused No. 1 Raghlal discovered the knife and the blood stained clothes. After completion of the investigation charge-sheet was filed against the accused persons.