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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 621 OF 1994.

Shri Ashok Magan More,

age 37 years,

Resident of Udhana Mangal

Bhavan Society, Limbayat Udhana

Yard No.2, Near Hanuman Mandir,

District Surat, (Gujarat State)

..

Appellant/Original

Accused.

versus

The State of Maharashtra

..

.. Respondent.

Mr Rohan P. Surve i/by Madhav Jamdar for the Appellant.

Mr J. P. Yagnik, Addl. Public Prosecutor for the Respondent-State.

CORAM:- A. P. BHANGALE, J.

DATE :- 29^th NOVEMBER , 2010.

ORAL JUDGMENT.:-

1.

This appeal by the appellant is directed against the judgment and

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order passed by learned Additional Sessions Judge, Nandurbar in Sessions

Case no.28/1994, decided on 24.11.1994, whereby the appellant was held

guilty for an offence punishable under Section 307 of the Indian Penal

Code and was sentenced to suffer R.I. for two years and pay fine in the

sum of Rs.1000/- in default to suffer R.I. for three months.

2.

Briefly stated, the prosecution case is that the appellant Ashok

More, who was aged about 19 years at the time of the incident, and was

taking education in 10^th standard in public high school at Visarwadi.

According to the prosecution, his class mate was a girl, by name Ms

Malti, studying in the same school, while Ravidas Gavit ( examined as

PW 2), alleged victim in the case, was ex student of that school and was

intending to appear for 12^th standard examination externally. According to

the prosecution, said Ravidas was in love with Ms Malti. He came to

know that the appellant was possessing photograph of said Malti and was

pointing that photograph to other students in the class under the pretext

that the appellant is having love affair with Ms Malti. This happened

about eight days prior to the incident which occurred on 28.1.1994. PW 2

Ravidas (Exh.13) gave understanding to the appellant not to keep an evil

eye upon Ms Malti and had even slapped the appellant. On the date of the

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incident i.e. on 28.1.1994, while Ravidas (PW 2) and his friend Babulal

(PW 1) were proceeding towards MSEB ground at Visarwadi to watch a

cricket match at about 1:00 p.m., going through the school ground of

public school, at that time the appellant came from behind, gave knife

blows on the buttock, stomach and chest of Ravidas (PW 2). While

Babulal (PW 1) tried to intervene, he had received injury on his left wrist.

The appellant was apprehended by the school peon and kept confined in

the ladies teachers’ room, Headmaster of the school informed police on

phone while injured Ravidas (PW 2) was lying on the bench in the

veranda outside the office of the school. Police arrived on the scene, took

Ravidas to Primary Health Centre (P.H.C.) for medical treatment, while

the accused appellant was taken to police station. Babulal (PW 1) lodged

complaint/FIR which was registered under section 307 read with section

324 of I.P.C. Investigation followed. The investigating officer proceeded

to the spot and drew spot panchnama (Exh.16).

3.

It is further case of the prosecution that knife was recovered from

the appellant, as also a knife having steel handle, having letter “A” with a

blade of about three inches and bag containing photograph of the girl

Malti. According to the prosecution, clothes of the accused were also

seized in the course of investigation. Clothes of the injured Ravidas were

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recovered under panchnama. Medical certificate regarding injuries

sustained by Ravidas (PW 2) was also collected. Injured Ravidas was

treated at Chinchpada Mission Hospital between 28.1.1994 to 11.2.1994

before he was discharged.

4.

Muddemal articles knife, clothes and blood sample of the accused –

appellant, as well as seized clothes of Ravidas (PW 2) and Babulal (PW

1)were forwarded to the office of the Chemical Analyse