SHYAMRAO VISHNU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this revision application, the petitioner impugns the judgment and order dated 17-10-1992 passed by the 4th Additional Sessions Judge, Kolhapur in Criminal Appeal No. 6 of 1990 whereby the judgment and order dated 17-1-1990 passed by the 5th Assistant Sessions Judge, Kolhapur in Sessions Case No. 7 of 1990, convicting him for offences punishable under section 326/34 I. P. C. and 324/34 I. P. C. and sentencing him to undergo six years R. I. and to pay a fine of Rs. 3000/- in default to suffer one years R. I. under the first count but awarding no separate sentence under the second count, has been confirmed.

(2.) IN short, the prosecution case is that on 2-4-1987, the informant-victim Yashwant Ganu Patil, P. W. 2 had gone to take dinner at the house of Vishnu Patil, P. W. 5. After taking dinner, at Vishnu Patils house, while the informant-victim was returning and had reached the place called "bilaskar Mal" situated near the footpath from Awali to Bhadale, the petitioner, armed with an axe emerged all of a sudden and inflicted a blow with the same on his head. The three co-accused persons, who were accompanying the petitioner, inflicted injuries with sticks on his person. The victim, who knew the petitioner from before, recognised him in the light of a torch which he was carrying. As a sequel to the assault, the victim became unconscious. Next morning, co-villager Pandurang Patil who was passing by the way, found the victim lying at the place of the incident and informed his family members who rushed to the place of the incident and took the victim to Civil Hospital, Kolhapur.

(3.) THE injuries of the victim Yashwant Patil were examined at Civil Hospital, Kolhapur, by Dr. Yeshwant Magdum P. W. 6, at 9. 45 a. m. on 3-4-1987. Dr. Magdum found following injuries on the person of Yashwant Patil :--