Pachu Jaidev Bishwas VS State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

URMILA JOSHI-PHALKE
Pachu Jaidev Bishwas – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
For the Appellant : Dr. (Shri) Anjan De
For the Respondent: Mrs.H.N.Prabhu

JUDGMENT :

1. By this appeal, the appellant (the accused) has challenged judgment and order dated 23.7.2004 passed by learned 4th Ad hoc Additional Sessions Judge, Chandrapur (learned Judge of the trial court), in Sessions Case No.32/2000.

2. By the said judgment impugned, the accused is convicted for offence punishable under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and to pay fine Rs.2,000/-, in default, to undergo rigorous imprisonment for six months.

3. Brief facts of the prosecution case are as under:

Gautam Gaurang Baid (the informant) has lodged report at Ramnagar Police Station, Chandrapur that he along with his parents is residing at Bangali Camp Nehru Nagar Chowk, Chandrapur. On 2.4.1999, between 8:00 pm to 8:15 pm, he along with his friends was proceeding towards the house of his sister Shilabai at Shamnagar. He noticed a quarrel near “Durga Temple” and, therefore, he approached the said persons and saw that the accused was assaulting Shakti Mandal by means of knife and the other accused Pankaj Bishwas and Ribhang were also assaulting Shakti Mandal. Due to the assault, Shakti Mandal sustained injuries on his abdomen an