LAWS(BOM)-1998-11-150

RAMESH SAKHARAM DEOKAR Vs. STATE OF MAHARASHTRA

Decided On November 10, 1998
Ramesh Sakharam Deokar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 24-4-1991 passed by the Additional Sessions Judge, Pune in Sessions Case No. 402 of 1990, convicting and sentencing him to undergo 2 years R.I. and to pay fine of Rs. 300/- in default to undergo 2 months R.I. for the offence u/s 307 IPC.

(2.) IN short the prosecution case is that the informant Gita Ramchandra Raut had a Rana girl as a friend. She introduced her to mother of the appellant at Bhandara. The informant asked the mother of the appellant whether she could get a job for her and she told her that she would get a job for her through her son residing at Pune. Accordingly, the informant came along with the mother of the appellant to Pune, about a fortnight prior to the incident and stayed there in the house of the appellant. However, she came to know from the neighbouring ladies that the appellant's mother used to run a prostitution den and consequently decided to leave the place. A day prior to the incident while she was collecting her belongings to go back to Bhandara, the appellant and his mother assaulted her and did not let her take her clothes and documents. Consequently, the informant went to Deccan Police Station and lodged an F.I.R. against the mother of the appellant. The latter was arrested. This irked the appellant. On 22nd May 1990 at about 12.15 p.m. the informant went to the house of the appellant to collect her clothes and documents and while she was coming out after collecting them, the appellant reprimanded her saying as to why she had got his mother arrested. He thereafter, inflicted knife blows on her abdomen and thighs. The informant raised cries hearing which PW 2 Raju Phuge and PW 4 Shyam Sabale came and also witnessed the assault on the informant. The along with Basaweshwar Shetty PW 3 apprehended the appellant on the spot and took him to Bhosari police outpost along with the informant. From Bhosari police outpost, the informant was sent to Sasoon Hospital, Pune.

(3.) THE F.I.R. of the incident was recorded by PSI Sahebrao Patil PW 6 the same day on the narration given by the informant-victim at Sasoon Hospital.