ASHOK HARI GHARDE Vs. STATE OF MAH.

JUDGEMENT

(1.) The appellant is assailing the judgment and order dated 17-7-2004 rendered by the learned 3rd Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial 105/2002, by and under which the appellant-accused is convicted for offence punishable under Section 307 of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs.1,000/-.

(2.) Heard Shri R.R. Prajapati, learned Counsel for the appellant and Smt. S.V. Kolhe, learned Additional Public Prosecutor for the respondent.

(3.) The learned Counsel for the appellant-accused would submit that even if the evidence on record is taken at face value, offence punishable under Section 307 of the IPC is not established by the prosecution. He invites my attention to the evidence on record, both ocular and medical. The doctor, who examined the injured, (P.W.1) has opined that the solitary lacerated wound may have been caused due to the blunt side of the weapon (axe).