The main legal point established in the judgment is that the evidence of the assault supported the appellant's conviction under section 307 of the IPC.

1. This Appeal is directed against the judgment and order dated 20th September 1995 passed by the Sessions Judge, Raigad in Sessions Case No.151 of 1992, convicting the appellant who was an accused in the said case of an offence punishable under section 307 of the IPC, and sentencing him to suffer Rigorous Imprisonment for a period of 5(five) years, and to pay a fine of Rs.1,000/- in default to suffer Rigorous Imprisonment for 2 (two) years. There was one more accused i.e. one Barku Mundhe (accused no.2) in the said case, but the learned Sessions Judge acquitted him.

2. The case of the prosecution, as put forth before the trial court, may, in brief be stated thus :

Jairam (PW 2), a resident of Village Bhatgaon had gone to the house of Mahadu Mundhe at Bhoirwadi for attending a dinner hosted by the said Mahadu Mundhe. Taturam (PW 3), Ganpat (PW 6), and a number of others had attended the dinner party. The appellant was also one of the invitees. When the dinner was going on, the appellant started teasing Jairam which was not liked by Jairam, and he therefore, abused the appellant. On this, the appellant had got up and attempted to assault Jairam, but due to the intervention of the son of the appellant, no untoward incident took place there. The appellant, however, threatened Jairam that he would 'see him.' After the dinner party was over, the invitees were going back. Jairam, Taturam and Ganpat were also going towards their houses. When they had crossed a distance of about 400 feet, the appellant came from behind and abused Jairam in filthy language. The appellant then hit Jairam with a stone on the left side forehead of Jairam. Jairam fell down. He had sustained a serious bleeding injury. He was taken to the rural hospital in an unconscious condition. He was then referred to the J.J. Hospital, Mumbai, for further medical treatment.

Ganpat, who was accompanying Jairam had gone to the police station and lodged a report immediately after the incident. It was registered at about 22 hours and was treated as the First Information Report. A case in respect of an offence punishable under section 307 of the IPC came to be registered on that basis, and investigation commenced. In the course of investigation, the involvement of the said Barku Mundhe (Accused no.2) was revealed. The appellant and the said accused came to be arrested. Jairam was hospitalized for about one and a half month, and was not in a position to talk clearly.

On completion of investigation, the appellant as also the said accused no.2 were prosecuted, and the trial as aforesaid, resulted in the conviction of the appellant and acquittal of the said accused no.2. 3 The prosecution examined 7 witnesses during the trial. I have gone through the evidence of these witnesses. I have also gone through the impugned judgment.

4. I have heard Mr. Manas Gavankar, learned counsel for the appellant. I have heard Mrs. S.V. Gajare, learned APP for the State.

5. The first witness Dattatraya Bhoir is a panch in respect of the spot panchnama under which a stone said to be a weapon of the assault (Article 1), was seized. No blood was seen on the stone. That, on the spot, there were other stones also lying, is admitted by this witness in his cross-examination.

6. The second witness is the injured – Jairam himself. In his evidence, he has stated about Mahadu Mundhe having arranged a dinner on 13th June 1992 at his house, and that he, Taturam (PW3) Tanaji and others, being present there. According to Jairam, the appellant who was also present there, started teasing him. Because of this, Jairam abused him whereupon the appellant got up and came to assault Jairam. The son of the appellant – Gurunath – intervened and, therefore, nothing happened at that time, but the appellant abused Jairam and threatened him that he would 'see him.' Immediately after the incident, all started leaving and Jairam was also proceeding towards his house along with Taturam (PW 3), Ganpat (PW 6) and one Tanaji. Jai