SWAPNA JOSHI, J.

1. This Appeal is preferred against the judgment and order dated 17th December, 2003 passed by the learned Additional Sessions Judge, Chandrapur in Sessions Case No. 54/1997 thereby convicting the appellant under section 307 of the Indian Penal Code and sentencing him to suffer R.I. for a period of three years and to pay a fine of Rs. 2,500/- in default, to suffer R.I. for further period of one month. The learned trial Judge further directed that if the fine amount is paid, out of the same Rs. 500/- be paid as compensation to each of the injured persons.

2. The prosecution case in nutshell is that, the appellant was a carpenter by profession. As per the orders placed by Shantabai (PW-4), the mother of the complainant-Sunil Kundawar (PW-3), the appellant had prepared some furniture. Just prior to the incident, Shantabai (PW-4) placed another order with the appellant for preparing a zoola (swing) and a chaurang (square stool). It is the case of the prosecution that Shantabai advanced some amount for the preparation of the said furniture. However, the appellant did not comply with the said order. As a result, differences cropped up between Shantabai and appellant. The differences flared up to the extent that Shantabai removed the bicycle from the house of the appellant and retained the same by keeping it in her house. On the date of incident, i.e. 12.01.1997 at about 5.00 p.m. Shantabai (PW-4) and her sons Vitthal (PW-5) and Sunil (PW-3) were present at their residential house. When Shantabai was standing near the door of her house; Sunil (PW-3) was ironing the clothes in the house and Vitthal (another son) was inside the house, the appellant armed with Wasla (sharp edged axe used by the carpenter) rushed in the premises of the house of Shantabai and suddenly assaulted Shantabai by giving blows of Wasla on her left cheek and right side of chest. Due to the said act, Shantabai sustained bleeding injury and she shouted for help. On hearing her shouts, Sunil (PW-3) and Vitthal (PW-5) who were present in the house, rushed to that place. Vitthal reached first in point of time and then Sunil. As PW-5 tried to rescue Shantabai from the assault perpetrated upon her by the appellant, the appellant immediately turned to PW-5 and injured him by giving blows of the axe on his abdomen. Sunil also rushed to that place to help his mother. However, the appellant also assaulted him by giving blows of axe on his right shoulder. After assaulting all of them, the appellant left that place. Few persons gathered at the place of the incident and they took all of them to Primary Health Centre, Ballarshah. All of them were admitted in the hospital. The police recorded the complaint of PW-3Sunil on the basis of which they registered the offence punishable u/ss. 326 and 307 of the IPC. Further investigation was carried out by the Police. Chargesheet was filed in the Court of learned trial Judge. Charge was framed by the learned Addl. Sessions Judge, as stated above.

3. I have heard Shri Mahesh Mourya, learned counsel for the appellant as also Shri V.P. Maldhure, learned A.P.P. for the respondentState. The learned counsel for the appellant vehemently argued that the learned trial Judge has failed to consider the material discrepancies in the testimony of the injured witnesses and has wrongly come to the conclusion that the appellant was the perpetrator of the crime. According to the learned counsel for the appellant, the judgment and order passed by the learned trial Judge is illegal and perverse and as such, liable to be set aside.

4. Per contra, learned A.P.P. contended that the trial Judge has considered the entire evidence on record in its right perspective and has rightly convicted the appellant for the offence punishable u/s 307 IPC. Learned APP submitted that the testimonies of the eye witnesses, who were injured, are consistent, cogent and trustworthy and, as such, the learned trial Judge has rightly come to the conclusion tha