DAGDU SITAB TADVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Appeal is admitted on 8th October 2012.

(2.) In Sessions Trial No. 43 of 2011, the appellant is convicted for offence punishable under Section 307 of IPC, directed to undergo rigorous imprisonment for seven years, and to fine of Rs. 8,000/-, in default, to undergo simple imprisonment for three months. Out of the amount of fine imposed, amount of Rs. 5,000/- was directed to be paid to the informant Alishanbee (PW 1) towards compensation, by the learned Additional Sessions Judge, Jalgaon, by order dated 29-8-2012. The appellant is in custody as his bail application was rejected in Sessions Case. However, no such bail application moved before this Court.

(3.) On 9-11-2010, at around 7 - 7.30 a.m., when PW 1 Alishanbee was blooming the courtyard, the neighbours, Arman Tadavi, his wife Samina Tadavi, his sister Madina Tadavi, his mother Nanda Tadavi, his sister Halma Tadavi, and the appellant-accused Dagadu arrived at the house/courtyard of the informant. They had altercation on trivial issue. They thrashed the informant. The appellant Dagadu had axe, he inflicted and gave blow of axe which hit at the left side chick of the informant, suffering bleeding injury at her mandible bone which was cut in its character. Other accused were allegedly instigating the appellant to ensure elimination of the informant.