TAMMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the conviction and sentence recorded against the Appellant for the alleged commission of an offence punishable under section 307 of the Indian Penal Code.

(2.) The prosecution case is that the Appellant-Accused, the injured Rajaram, his wife Laxmibai and witnesses Sitaram and Shankar are all residents of village Wangi, Taluka South Solapur, District Solapur. Rajaram is a fisherman and takes the right to catch fish from different tanks in South Solapur and the nearby areas. In the year 1980 he bad gone to catch fish from a tank located at Umaraga. Left behind at his home during his absence was his wife Laxmibai. In the village there is a flour mill run by P.W. 7 Bhimashankar Sidhappa Jawalkote. The flour mill is looked after by his nephew Mallinath. Some days prior to 8 December 1980, the accused went to the flour mill and while there he was asked to attend to the grinding of corn by Mallinath, who wanted to answer a call of nature. - While the accused was looking after the mill, Rajarams wife Laxmibai came there. The accused first asked her as to where her husband had gone. After making sure that Rajaram was out and not likely to return for some 4 to 5 days, the Accused suggested that she meet him at a particular place where they could have sexual intercourse. This angered Laxmibai and she left the place weeping. Her father who was then at her home, was informed of what had happened and he, i.e. Gundiba, promised to take up the matter with the owner of the flour mill. Gundiba spoke to P.W. Bhimashankar and when the latter berated the Accused for his doings, the Accused denied that anything of the kind mentioned by Laxmibai had taken place. Laxmibai spoke to her husband of all what had happened upon his return from Umaraga.

(3.) On 8 December 1980, Rajaram went to the river abutting the abadi. Sighting the Accused he asked as to why he had made an indecent offer to his wife. The Accused far from being could down retaliated by abusing and charging at him with a knife. A scuffie of sorts ensued between the two and the Accused used the knife to inflict injuries on the person of Rajaram. He would have done greater harm but for the providential arrival of Sitaram who rescued Rajaram. The incident was also seen by Shankar. Rajarams injuries were serious and his intestine had come out. These were tied securely and Rajaram was carried to a hospital. The Medical Officer at the General Hospital at Solapur found on the person of Rajaram a stab injury and an incised wound. The former was grievous in nature, and for timely treatment would have proved fatal. Fortunately Rajaram survived. A report of the occurrence was given and in the course of the investigation, upon an information furnished by the Accused, the knife used by him was recovered. In due course the investigation was over and a charge sheet lodged in the Court of the Magistrate having jurisdiction. That Magistrate after conducting the usual enquiry committed the Accused to stand trial in the Sessions Court at Solapur.