SHRIKRISHNA BHIKAJI RELE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused No. 1, who was convicted under section 307 of the Indian Penal Code by Additional Sessions Judge, Akola has preferred this appeal. He has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 1000) / -.

(2.) The facts giving rise to the appeal are as under -The acquitted accused No. 2 is the uncle of the complainant. There is a dispute between father of the complainant and accused No. 2 over the open space infront of their houses.

(3.) On 23-5-2002, the complainant Anil Baban Rele and his mother had gone to the house of one Devidas to attend the marriage. They were coming back home around 10. 30 p. m. While they were so coming back, it is alleged that, accused No. 2 and appellant/accused No. 1 were found standing on the road infront of their house. Shrikrishna - accused No. 1 was holding an axe in his hand. As soon as they reached near the house of accused, accused No. 2 said to accused No. 1 to assault the complainant and his mother. Accused No. 1 immediately rushed and dealt a blow of axe on the neck of the mother of the complainant. She fell down there. They shouted, people gathered. She was removed to the hospital and report was lodged with the police. After the investigation was completed, charge-sheet came to be filed against the accused persons.