BHOJRAJ @ RAJ LALKANT BHATTARAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the Judgment and Order passed by the learned Adhoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.566 of 2007 on 22/08/2008 thereby convicting him of offences punishable under Sections 307, 452 and 324 of the Indian Penal Code (In short, "the IPC"). For offence punishable under Sec. 307 of the IPC, the appellant/accused was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1000.00 in default to undergo further rigorous imprisonment for two months. For the offence punishable under Sec. 452 of the IPC, he was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.500.00 in default to undergo further rigorous imprisonment for one month. For the offence punishable under Sec. 324 of the IPC, the appellant/accused was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500.00 in default to undergo further rigorous imprisonment for a period of one month.

(2.) Background facts leading to the prosecution and conviction of the appellant/accused are thus :

(3.) I have heard the learned Advocate appearing for the appellant/accused at sufficient length of time. Learned counsel appearing for the appellant/accused strenuously urged that considering the nature of injuries suffered by P.W.No.3 Rajesh and P.W. No.4 Suraj, it cannot be said that the appellant/accused intended to commit murder of the victim. For this purpose, the learned counsel for the appellant/accused placed reliance on State of Maharashtra Vs. Bodya Ramji Patil, 1978 Cr.L.J. 411 and Shamshuddin and Ors. Vs. State of Bihar, 2011 Cri.L.J. 4521. Learned counsel for the appellant/accused further argued that evidence of the prosecution is full of lacunae because the Doctor who had examined P.W.No.3 Rajesh and P.W.No.4 Suraj was not examined. It is further argued that evidence of P.W.No.3 Rajesh suffers from infirmities, as he had not stated material aspects during the course of investigation and improved his story while in the witness box.