VITHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgement rendered by learned Additional Sessions Judge, Nanded, in Sessions Case No. 55 of 2000. By the impugned judgement, appellant came to be convicted for offence punishable under section 307 of the I.P. Code and has been sentenced to suffer rigorous imprisonment for five (5) years and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for two (2) months.

(2.) Briefly stated, the prosecution case before the Trial Court was that there was quarrel between maternal uncle of the appellant and injured Ramrao Suryawanshi, which occurred about three (3) months prior to the incident. On 13th August, 1999, injured Ramrao was returning home after the day s work. He reached near house of one Prakash Aswale at about 5 p.m. The appellant intercepted and asked him as to why he had quarrelled with his maternal uncle. The appellant thereafter knifed him on the chest from left side. Injured Ramrao received bleeding injury and raised cry for help. The neighbouring house owner by name Prakash Aswale and his wife Drupadabai helped him. He fell down at the place. He was subsequently rushed to the Civil Dispensary at Kinwat for medical treatment. Consequent upon certain investigation, the appellant was chargesheeted for offence of attempting the culpable homicide.

(3.) The appellant pleaded "not guilty" to the charge (Exh-7). His defence was one of simple denial.