SY. AZHAR SY. KALANDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, being dissatisfied by the judgment dated 4th January, 2019 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur upholding the conviction of the appellant for the offence under Section 307 Indian Penal Code(hereinafter being referred to as "IPC") and directed him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/­ with clause of sufferance in default of three months' rigorous imprisonment, has preferred this instant appeal.

(3.) The case of the prosecution is that Gajanan Kute complainant lodged oral report Exhibit­49 with Police Station Ansing on 11 th May, 2016 contending that Chintaman Dange is his maternal uncle and very active in social work. Previously the appellant had a quarrel with Chintaman Dange (injured) because of unlawful construction raised on Nal Saheb Baba Darga prior to 4­5 months to the incident. On 11th May, 2016, when a Sandal procession at Ansing reached Gandhi Chowk at about 7.30 p.m., unknown persons entered into the procession and the present appellant along with his two other associates with a sharp­edged weapon stabbed on the stomach of Chintaman Dange with intent to kill him. The complainant took the injured to the hospital for treatment. On his report, P.S.O. Ansing registered Crime No.80/2016 for an offence under Section 307 read with Section 34 IPC against the accused appellant and other accused persons vide Exhibit 50. After investigation, the charge­sheet was filed under Section 307 read with Section 34 IPC. After framing of charge for the afore­stated offence, the appellant faced the trial.