STATE OF MAHARASHTRA Vs. ASHOK BHASKAR GHARAT

JUDGEMENT

(1.) THROUGH this appeal, preferred under section 378 (i) of the Criminal Procedure Code, the State of Maharashtra impugns the judgment and order dated 3rd May, 1995 passed by Additional Sessions Judge, Raigad Alibag, in Sessions Case No. 18 of 1995, acquitting the respondent for offences punishable under sections 307 and 394 read with section 397 of the Indian Penal Code.

(2.) IN short the prosecution case runs as under:- The informant-victim Sudhir Keshav Raut (P. W. 2), at the time of incident, was working as a turner in Rajesh Industry in village Chaul. In spare time he was looking after and watering grove of Nandkumar Vartak (P. W. 6) situated in the said village. In night time he used to keep a watch on the said grove and stay in a room of a house constructed therein. In the said grove, at the time of incident, there were trees of betel nut and coconut. On the date of incident (8-12-1994) at about 9. 45 p. m. he went to the grove and while he was inside the house situated in the said grove, he heard some noise. Consequently he came out; flashed torch; and saw that the respondent Ashok Gharat was on a betel nut tree, removing betel nut. The informant-victim reprimanded him, resulted in his getting down from the tree and inflicting seven knife blows on his hand, chest and abdomen. As a consequence of assault launched by the respondent, blood started oozing out from the injuries of the informant-victim and his clothes became soaked with blood. He ran away to his house leaving behind his torch and slippers on the place of incident. On reaching his house, his parents asked him as to what had happened and he informed them that the respondent had assaulted him with a knife. They cried. In the mean time Shashikant Raut (P. W. 5) and some others came there. The informant-victim also informed Shashikant Raut that the respondent had assaulted him. The informant-victim was removed in the auto rickshaw of one Badekar to Civil Hospital, Alibag.

(3.) THE injuries of the informant-victim were medically examined in Civil Hospital, Alibag, by Dr. Arun Gawali (P. W. 3) at 11. 45 p. m. on the same day. Dr. Gawali found on his person the following injuries:-