- (1.)THE appellant aggrieved by the judgment and order dated 30th July 1990 passed by the Additional Sessions Judge, Pune, in Sessions case No.482 of 1989 convicting and sentencing him to undergo R.I. for 3 years and to pay a fine of Rs.3000/-, in default to suffer R.I. for 3 months, for an offence under section 304 Part II IPC, has come up in appeal before me. Along with the appellant were tried to co-accused Maruti Khengare, Manohar, Kashinath, Sakharam Govind and Chandrakant but they have been acquitted vide the impugned judgment.
(2.)IN short the prosecution case runs as under:
On 14.5.1989 there was the wedding of the son of Dhondiram Khengre at Pune. The said wedding was attended by the appellant, acquitted accused, the informant Vithal, the deceased Dashrath the injured Vilas, Arjun and some others. During the wedding acquitted accused Manohar Khengre gave a push to Housabai, the aunt of the deceased and Arjun. After the wedding the appellant, the deceased, Vilas, Vithal, Arjun, Dhondiram the bride, the bride groom and members of the bridal procession returned to village Khengre by 10 p.m. The evidence is that in the village an altercation took place between the wife of co-accused Manohar and Housabai on the issue of the latter being pushed by co-accused Manohar. At about 11 p.m. Dasharath, Vithal, Arjun and Vilas were sitting at the Chavudi. At that point of time the appellant came armed with a knife and assaulted Dashrath on his stomach. When Vilas tried to intervene, co-accused Sakharam assaulted him with a knife. Vithal also tried to intervene but he was assaulted by co-accused Govind. The other co-accused persons who were armed with sticks assaulted Somaji, Shantaram and Arjun. After assaulting Dashrath and others the appellant and the co-accused persons are alleged to have run away. Since Vilas and Dashrath were precariously injured they were taken to one Dr.Mahajan, a resident of Khengrewadi. The evidence is that he gave first aid to them and thereafter had them sent to Sassoon Hospital, Pune. It appears that while on way to the said hospital Dahrath succumped to his injuries.

The injuries of Vilas were medically examined by Dr.Rajesh P.W.14, who was then posted as a surgeon in Sasoon Hospital. He found that Vilas had sustained an incised wound which was penetrating is the peritoneal cavity. It was 3 cm. in length and was grievous in nature.

(3.)THE FIR of the incident was lodged by Vithal on 15th May 1989 at 5.45 a.m. at Police station Paud. On its basis C.R. No.39 of 1989 was registered against the appellant and others.