EKOS JOSEPH VARGIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 16-8-1988 passed by the IIIrd Additional Sessions Judge, Nashik, in Sessions Case No. 22/1988, convicting and sentencing him to undergo 10 years R. I. for an offence punishable under Section 307, I. P. C.

(2.) IS short the prosecution case runs as under: the informant - victim Narpatsingh Rathod PW-1 at the time of the incident was serving as Havaldar in Artillery centre in 9/3 ADM. at Nashik. He was attached to M. T. section. The appellant was in charge of the said section. On 18-12-1998 at about 8. 30 p. m. the victim and the appellant were in Wing No. 1 of building No. P/124 of M. T. Line No. 9, of Artillery Centre at Nasik Road. At that time the appellant was talking with Ved Prakash and Brij Kishor. Havaldar Hukumsingh, Naik Ramchandra and some others were also present there. The appellant started inflicting abuses on the victim and questioned him as to why he was standing there. An altercation, which lasted for 10 to 15 minutes, took place between them. The appellant asked the victim to sit in his cot and thereafter took him outside. After some time the appellant and the victim came back. The appellant ordered the other persons present to put off the light and asked the victim to come out of the building. Accordingly the victim came out with the appellant in the verandah where the appellant inflicted a solitary blow with a pen knife on his abdomen near umbilicus. The victim immediately started shouting that Havaldar Vargis (name of the appellant) had stabbed him with a knife. Thereafter the appellant throw the knife on the floor and ran away Naik Ramchandra put on the light. According to the victim when the appellant assaulted him in the verandah no one else was present.

(3.) THE informant victim was immediately removed to M. I. Room where he was given first aid. His evidence shows that he had told the doctor in the M. T. Room that Havaldar Vargis (the appellant) had stabbed him with a knife in abdomen. From M. I. room the victim was removed to Military Camp hospital Devlali where he was medically examined by Dr. Himdari Bal PW-5, the same night at 9. 40 p. m. Dr. Bal found that he had sustained a perforating injury on abdomen located about 5 cms. from umbilicus at 11 Oclock position. This injury was 1/2 cm. in length and was bandaged. After opening the bandage Dr. Bal suspected that there might be perforation inside and consequently did not put any probe inside and instead sent for the Surgical Officer Dr. R. K. Gaur, who immediately came and advised for exploratory laparotomy in order to find out whether there was any serious internal injury. It is pertinent to point out that both in the injury report and in his statement Dr. Bal has stated that the victim gave the case history that he had an altercation with the appellant who stabbed him in his abdomen with a sharp object.