SUKUMAR KALLAPPA KAMLBR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant / accused is challenging the judgment and order dated 30 th September 2014 passed by the learned Additional Sessions Judge, Ichalkaranji, District Kolhapur, in Sessions Case No.9 of 2010, thereby convicting him of offences punishable under Sections 307 and 341 of the Indian Penal Code (IPC). For the offence punishable under Section 307 of the IPC, he is sentenced to suffer imprisonment for life so also to pay fine of Rs.2,000/ and in default, to undergo further rigorous imprisonment for 3 months. For the offence punishable under Section 341 of the IPC, he is sentenced to suffer simple imprisonment for 1 month.

(2.) Facts leading to the institution of the present appeal can be summarized thus :

(3.) We have heard Ms.Nasreen Ayubi, the learned advocate appearing for the appellant / accused. She vehemently argued that evidence on record does not establish commission of offence alleged against the appellant / accused. The incident took place at a populous locality of Ichalkaranji, which is said to have been witnessed by many people. In submission of the learned advocate for the appellant / accused, PW5 Krishna Dhumal has not supported the case of prosecution and crossexamination of PW6 Santosh Dhatunde reveals that he was having a stall on the side of the road and because of running traffic he was not in a position to witness the incident in question. The learned advocate further argued that evidence on record and particularly that of PW1/Surekha Kamble indicates that she as well as her family members were harbouring grudge against the appellant / accused, and therefore, he is falsely implicated in the crime in question. Hence, the appellant / accused deserves benefit of doubt. As against this, the learned APP supported the impugned judgment and order by contending that evidence on prosecution is clear, consistent and cogent. The learned APP further argued that this is a second incident of assault on PW1/Surekha Kamble by the appellant / accused. In past, in the year 2004, the appellant / accused assaulted PW1/Surekha Kamble, which ultimately resulted in conviction for the offence punishable under Section 324 of the IPC vide judgment and order dated 11 th June 2009 passed by the learned JMFC, Kurundwad, in R.C.C. No.13 of 2014.