DILIP MAHADEORAO INGALE Vs. STATE OF MAHRASHTRA

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment and order dated 1st July, 2008 passed by learned 2nd Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No. 137 of 2007, whereby the appellant was found guilty of offence punishable under section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine in the sum of Rs. 1000/-, in default, to suffer R.I. for six months. Furthermore, the appellant was also held guilty for offence punishable under section 326 of the Indian Penal Code and sentenced to suffer R.I. for three years and to pay fine in the sum of Rs. 1000/-, in default, to suffer R.I. for six months.

(2.) The prosecution case briefly stated, is : First informant-Ishwar Mohan Gokhale was residing with his parents Mohan and Asha Gokhale at village Ner-pinglai. On 31.3.2007 at about 12.00 p.m. after Mohan Gokhale had returned from the agricultural field and was resting on the cot in front of his house as his house was under construction and while Ishwar was sleeping on the slab of the house, appellant-Dilip came and assaulted Mohan Gokhale by means of a knife. First stab blow was given on the chest of Mohan; second stab blow was given on his stomach and third blow landed on palm of left hand, which resulted in bleeding injxiries. Kumari Vandana (sister of first informant) gave call to him informing that their father was being assaulted. Ishwar came down immediately from the slab of the house. Injured Mohan was carried by an auto-rickshaw to Government Hospital. It is the case of the prosecution that dying declaration of Mohan was recorded by Anuradha Vidhate (P.W. 5) in presence of Dr. Manish Rathi (P.W. 6). Ishwar had reported the incident giving rise to Crime No. 46/2007 registered at Police Station, initially under sections 307 and 326 of the Indian Penal Code. Investigation followed. The appellant was arrested on 2nd April, 2007. Further, according to prosecution, bloodstained clothes of the accused and weapon of offence were recovered. Muddemal articles seized during the course of investigation were referred for Expert's opinion. Upon completion of investigation, the accused was charge-sheeted before the learned Judicial Magistrate, First Class-1 Morshi who committed the case to the Court of Sessions at Amravati.

(3.) The charge was framed on 24.8.2007 to which the accused pleaded not guilty and claimed trial. The prosecution examined as many as eight witnesses; whereas, the appellant/ accused led evidence of Gajanan (D.W. 1) in defence.