LAWS(BOM)-1997-7-61

SURESH CHOKLET PAWAR Vs. STATE OF MAHARASHTRA

Decided On July 29, 1997
SURESH CHOKLET PAWAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellants aggrieved by the judgment and order dated 28th September, 1990, passed by the Additional Sessions Judge, Pune in Sessions Case No. 233 of 1989, convicting and sentencing them to undergo 5 years R. I. and to pay a fine of Rs. 500/- each, in default to suffer R. I. for 3 months, have come up in appeal before me.

(2.) THE prosecution case in short runs as under :---Appellant Choklet Pawar is the father of appellants Suresh Pawar and Meetar Pawar. The victim Entivan Bhosale, P. W. 2 was sisters son of Choklet Pawar. There was enmity between the victim and the appellants because the former had refused to marry the daughter of the appellant Choklet Pawar about 1? years prior to the incident. Relations between them were also strained because before the incident, the victim was prosecuted for offences of theft, dacoity under the Bombay Police Act and he had a feeling that the appellants were giving information to the police against him. On 31st January, 1989 at about 10 a. m. , while the victim was in his house, the appellants came in a rickshaw and asked him to accompany them to see a film in Natraj theatre. The victim sat alongwith them in the rickshaw and after they crossed the Mhatre bridge, the appellants started inflicting fist blows on him. The victim thereupon ran to the river side. The appellants chased him and appellant Choklet Pawar is alleged to have been inflicted a Knife blow on his back. The victim fell down, as a result thereof, and the clothes he was putting on, got stained with blood. About half an hour later, the police came on the place of the incident and took him to Sassoon Hospital in a rickshaw.

(3.) THE injuries of the victim Entivan Bhosale were medically examined in the Sassoon Hospital, Pune by Dr. Anupama Date, P. W. 1 the same day at about 12. 00 noon. She found on his person a Contused Lacerated Wound of the dimensions of 4 cm. x 1 cm. on the right side of the back of thoracic region. Dr. Date stated that the said injury was dangerous to life and most probably, there was an intrathoracic connection. In her opinion, the said injury could be caused by knife (Article 6 shown to her ).