MOGALLAPPA PENTAPPA KOMADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted for the offence punishable under Section 307 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years by the Additional Sessions Judge, CR. No.29, Greater Mumbai vide judgment and order dated 26th September, 2014 in Sessions Case No. 354/2012 and 458/2012. Hence, this appeal. Such of the facts necessary for decision of the appeal are as follows.

(2.) One Ussappa Sankole , the father of Prabhu was the head of the community i.e. Puriyajang Community (Telugu). It is alleged that the accused including Babu and Shivaji were abusing Prabhu on the said ground, hence, there was animosity between two groups. It is alleged that on 12th January, 2012, at about 7.00 p.m., the present Appellant along with Babu and others had abused the father of the Complainant. There was verbal altercation which had turned violent. Accused Shivaji had assaulted the complainant Prabhu with kicks and fist blows. In the said altercation, the present Appellant along with Karappa had held the hands of Prabhu and, thereafter, Babu had caused injury to the victim by inflicting a knife blow on his chest, he had sustained grievous injuries and was taken to the hospital. On the basis of the report of Prabhu, Crime No. 7 of 2012 was registered against accused for the offence punishable under Section 307 r/w. 34 of the Indian Penal Code and under Section 323 and 504 of the Indian Penal Code.

(3.) Perused the evidence, it appears that the whole conviction rests on the evidence of the three witnesses out of seven.