ANIL CHANDRAIYYA SURKUNDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellant (hereinafter referred to as the 'accused No.1') has assailed the judgment and order dated 20-01-2018 passed by the Additional Sessions Judge, Aurangabad in Sessions Case No.433 of 2010, thereby convicting him for the offence punishable under Section 307 of the Indian Penal Code (for short ' IPC ') and sentencing him to suffer rigorous imprisonment for Ten years and to pay a fine of Rs.2,000/-, in default simple imprisonment for two months for the said offence.

(2.) Facts of the prosecution case are as under:

(3.) Mr.Tandale, learned counsel for the accused No.1 submitted that Nana Chavan (PW-1) the informant claims to be eye witness to the incident of assaulting the victim with knife by the accused No.1 and he filed report/complaint (Exh.53). There is variance in his evidence and the contents of Exh.53 as in the deposition he stated that after taking dinner he was sitting in the house and he heard shouts of quarrel from outside of house, while in the report (Exh.53) it is stated that while he was taking meal he heard shouts out of the house. So also, there is no consistency in his evidence and the report as to who had taken victim in hospital. Therefore, according to learned counsel it is doubtful whether victim was taken in hospital by PW-1. So also, PW-1 has not informed incident to police in Police Chowki in the hospital, but he had chosen to go to police station, Begumpura to lodge complaint as the investigating officer was his relative, to lodge complaint/report.