UJWAL EDWARD PARIS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/convicted accused is challenging the judgment and order dated 10th July 2009 passed by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 263 of 2009 thereby convicting him of the offence punishable under Section 326 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs. 1,000/, in default, to undergo simple imprisonment for 1 month.

(2.) Briefly stated, it is the case of the prosecution that the appellant/accused and injured PW5 Vinod Yadav were friends. The appellant/accused used to reside in the vicinity of the flour mill where injured PW5 Vinod Yadav was working. The incident allegedly took place on 31st December 2008 at about 4 p.m. in the house located at Galli No. 15, Shri Sai Dalit Seva Samiti, Andheri. As the appellant/accused Ujwal Paris and injured PW5 Vinod Yadav were friends, on that day, they indulged in a booze session. During the course of drinking liquor, injured PW5 Vinod Yadav questioned the appellant/accused Ujwal Paris as to why he had beaten his parents prior to two or three days. Upon that, the appellant/accused Ujwal Paris started quarrelling with injured Vinod Yadav. During the course of that quarrel, the appellant/accused Ujwal Paris took one spade from the bathroom of the house and gave blow thereof on head of injured PW5 Vinod Yadav. Because of that blow, injured Vinod Yadav sustained bleeding injury and he was taken to Cooper hospital by his brother.

(3.) PW1 Sangeeta Wakure was neighbour of the appellant/accused Ujwal Paris. On the basis of information received from mother of the appellant/accused, she lodged report Exhibit 8A of the incident with Police Station MIDC which has resulted in registration of Crime No. 807 of 2008 under Section 307 of the Indian Penal Code against the appellant/accused.