V.M. Deshpande, J.

This Revision Application was listed on 7 th March, 2019. On the said date notice was issued to the Respondent State and learned Additional Public Prosecutor waived the service. Record and Proceedings were called, consequently the same are received.

2. Today, this Revision Application is listed for admission. The Record and Proceedings is also placed before me for consideration.

3. After hearing Shri, M.V. Ghatge, the learned counsel for the Applicant and Mr. S.Y. Mahajan, the learned Additional Public Prosecutor for the State, with their consent, Rule is issued and is made returnable forthwith.

4. By the present Revision Application, the Applicant is challenging the Judgment and order of conviction and sentence passed by the learned Assistant Sessions Judge, Nanded on 9th February, 2012 in Sessions Case No.60 of 2010. By the said, the learned Assistant Sessions Judge, Nanded, convicted the Applicant for the offence punishable under Section 307 of the Indian Penal Code and directed him to suffer rigorous imprisonment for seven years and to pay a fine amount of Rs.1000/-, and in default of payment of fine, to suffer further rigorous imprisonment for two months. Learned trial Court also granted set off under Section 428 of the Code of Criminal Procedure.

5. Feeling aggrieved by the Judgment and order of conviction, the Applicant preferred the appeal before the Sessions Judge, Nanded, and it was registered as Criminal Appeal No.19 of 2012. On 6th February, 2019, the learned Sessions Judge, Nanded, dismissed the appeal and took the Applicant into custody to suffer the sentence. Against these, the present Revision Application is filed.

6. The prosecution case, as it was unfolded during the course of the trial, can be narrated succinctly, as under;-

(A) In the year 2009, Sayyed Azam Sayyed Yousuf (PW-16) was attached to police station Itwara of Nanded. On 11th December, 2009, when he was discharging his duties in the said police station, a telephonic information about Medico-Legal Case from the hospital was received. Upon getting such information, he immediately rushed to the Government hospital. There, he recorded statement of Jagjitsingh Khalsa (PW-1). The statement recorded is at Exhibit-35. On the basis of said, he registered an offence vide C.R. No.140 of 2009, for the offence punishable under Section 307 of the Indian Penal Code. The printed First Information Report is at Exhibit-66.

(B) As per the oral statement of Jagjitsingh (PW-1), prior to two years, he purchased half portion of plot from Applicant - Jhamsingh, situated at Abchalnagar of Nanded and thereafter he carried construction thereon. Prior to one month of the incident, he gave Rs.4,00,000/- to the Applicant - Jhamsingh, who executed an agreement for selling remaining half portion of the land. Inspite of said, it was learnt by Jagjitsingh that, Jhamsingh/Applicant is intending to dispose of the property, therefore, he filed civil suit and obtained the injunction. According to the report of Jagjitsingh (PW-1), due to the said, the Applicant got annoyed and on 11th December, 2009, at 8.15 a.m., the Applicant entered the plot along with sword and assaulted repeatedly, resulting into suffering various injuries. The First Information Report states that the incident was seen by Kulwantsingh and others, thereafter the Applicant ran away from the spot. It is also stated in the report that, Kulwantsingh put the first informant into auto rickshaw and brought to the Government Hospital, Nanded.

(C) After the registration of crime, PW-16 Sayyed Azam visited the spot and prepared spot panchnama in presence of panchas. Spot panchnama is at Exhibit-61. He also recorded statement of witnesses. The Investigating Officer also seized clothes of the complainant under seizure panchnama (Exhibit-69). He caused arrest of the Applicant under arrest panchnama (Exhibit-70). Sword was also seized from the Applicant under seizure panchnama (Exhibit-40). During the custodia