VILAS BHASKAR SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this revision, the petitioner has impugned the judgment and order dated 20-1-1992, passed by the Sessions Judge, Thane, in Criminal Appeal No. 69 of 1980, whereby the judgment and order dated 31-8-1990, passed by the VIth Assistant Sessions Judge, Thane, in Sessions Case No. 422 of 1987, convicting and sentencing him to undergo three years R. I. and to pay a fine of Rs. 500/- in default to suffer R. I. for 3 months, has been confirmed.

(2.) IN short, the prosecution case is that the petitioner on one hand and the victim Bhalchandra Patil, P. W. 1 on the other hand, belonged to rival labour unions and there was an enmical strain between them. On the night of 12th and 13th July, 1986. Bhalchandra, P. W. 1, witnesses Ratan and others were on duty at Raymond Mills. At about midnight, the petitioner along with three co-accused persons namely Dilip AHIRE, Prabhakar Ahire, and Umesh Joshi, came near them; whereas the petitioner was having a knife in his hand, the other three were armed with sticks. It is alleged that seeing them armed with weapons, Bhalchandra tried to run away but, was chased by the petitioner and others. When he had reached near the machine, in the Mill premises, one of the acquitted accused persons assaulted him with a stick, resulting in his falling down. At that juncture the petitioner inflicted a knife blow which struck on his chest, and resulted in bleeding. The petitioner is alleged to have given a second knife blow which struck him on his right arm. The acquitted accused persons are said to have given stick blows. Apart from Bhalchandra and Ratan, this incident was also witnessed by Suresh Pendhare. After assaulting Bhalchandra, the petitioner and others are said to have run away.

(3.) THE evidence is that Bhalchandra was taken to Civil Hospital, Thane, where he was medically examined at 1. 50 a. m. by Dr. Suresh Bhoite, P. W. 3, who found on his person the following two injuries :---