BHIMSINH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 01.01.2015 passed in Sessions Case No.66/2014 by the Sessions Judge, Nanded whereby, the appellant has been held guilty of the offence punishable under Sec. 307 of Penal Code and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.1000.00. Being aggrieved, the appellant has preferred this appeal.

(2.) Before adverting to appreciate submissions advanced, it is necessary to consider few facts leading to prosecution of the appellant and filing of appeal. The appellant was subjected to trial to face charge under Sec. 307, 506 of Penal Code and section 4 r.w. Sec. 25 of the Arms Act.

(3.) On 20.03.2014, Ashabai Harichandra Telang - complainant (P.W.3) visited the Police Station, Air Port, Nanded and reported that at about 19.30 Hrs. while she was present in her house, she heard shouts outside her house. She, therefore, came out of house to see as what happened. She saw the appellant - accused standing in front of house of Savitri Kadam (P.W.2) - the injured. Accused was telling her that he wants to marry with her daughter Archana Kadam (P.W.5). He was quarrelling and harassing Archana. When Savitri (P.W.2) asked the accused not to touch her daughter Archana, the accused assaulted Savitri over right side of her chest with the help of sword in his hand and caused bleeding injury. When she tried to intervene and save Savitri, the accused caught her arm and pushed her. He left the place by giving threat to see all of them. It is further stated that accused ran away from the spot. She further informed that she along with other persons brought injured Savitri to Vithai Hospital. On the basis of the complaint lodged by Ashabai Telang (P.W.3), offence punishable under sections 307, 506 of Penal Code and Sec. 4 r.w. Sec. 25 of the Arms Act came to be registered as against the accused. Suryakant Jagdale (P.W.10) Police Inspector attached to Police Station Airport conducted the investigation. He visited the spot of incident and made panchanama and collected the plain earth and earth mixed with blood from the spot and also obtained the scrapping of the blood stains from the wall of staircase and surrounding area where the incident occurred. He also obtained scrapping of blood which was found on the door. He seized clothes of Savitri soaked with blood. He arrested the accused and secured his remand. During the custody, accused made voluntary disclosure to show the place where he concealed the sword used in commission of offence. He recorded memorandum statement of accused in presence of panchas and later on, seized the sword used in the commission of offence, which was found to be concealed in the bushes in Shahunagar locality. He recorded statements of the witnesses which include Rani Hardipsingh Maire (P.W.4). Further investigation was conducted by Sanjay Pise (P.W.9). He recorded statements of witnesses which include Savitribai Sambhaji Kadam (P.W.2), Shivkanta Sambhaji Kadam and Archana Sambhaji Kadam (P.W.5). He forwarded Muddemaal property to Chemical Analyzer. On conclusion of investigation, he filed charge-sheet against the accused.