1 cri appeal 332.99

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 332 OF 1999

Shaikh Baba S/o Shaikh Anis,

Age : 24 Years, Occu. : Rickshaw Driver,

R/o Rajuri Ves, Beed.

..

.. Appellant

Versus

The State of Maharashtra,

(Copy to be served on Public

Prosecutor, High Court of

Judicature of Bombay, Bench

at Aurangabad)

..

.. Respondent

Shri A. S. Gaikwad, Advocate h/f Shri S. M. Godsay, Advocate for

the Appellant.

Shri V. G. Shelke, A.P.P. for the Respondent/State.

CORAM : S. S. SHINDE, J.

DATE : 24TH JANUARY, 2011.

JUDGMENT :

.

This appeal is filed by the appellant/accused challenging

the judgment and order of the Sessions Judge, Beed in Sessions

Case No. 20/1999 dated 02nd August, 1999.

2 cri appeal 332.99

2.

Brief facts of the case are as under :

The complainant Vidya Sanjay Wadmare is wife of P.W. 5

Sanjay Wadmare, serving as a staff Nurse in the Civil Hospital,

Beed, while her husband P.W. 5 Sanjay Wadmare is serving in

Police Department as a Police Constable and attached to Police

Station, Paraly in the year 1998.

3.

The alleged incident took place on 15.07.1998 at about 9.15

to 9.30 p.m. approximately at Bashirgunj, Beed, near Tara Pan

Centre. On 15.07.1998 as the daughter of P.W. 3 Vidya and P.W.

5 Sanjay namely Puja was not feeling well. P.W. 3 Vidya gave a

telephonic message to Sanjay Wadmare at Paraly about illness of

Puja. Accordingly, P.W. 5 Sanjay came to Beed at about 5.00 p.m.

on 15.07.1998. Both P.W. 3 Vidya and P.W. 5 Sanjay took Puja for

necessary treatment to Dr. Tambde and returned to their house

from the hospital of Dr. Tambde and took dinner at about 8.30

p.m. P.W. 5 Sanjay then informing his wife P.W. 3 Vidya, went to

Tara Pan Centre from Bahirgunj area for taking betel or Pan

approximately at about 9.15 p.m. and after taking betel from

Tara Pan Centre, he was on way to return to his house. At that

time, accused Nos. 1 and 2 attacked Sanjay Wadmare P.W. 5 with

knife and gupti and gave blows to Sanjay. Accordingly, P.W. 5

3 cri appeal 332.99

Sanjay sustained several injuries on his chest, back, neck, hand

and other parts of body. He raised shouts. Pappu Jogdand,

Madhukar Wadmare and Vinod Dongre who were near the place

of incident, immediately came there. Accused ran away from the

place. Pappu Jogdand, Vinod Dongre and Madhukar Wadmare

then took P.W. 5 Sanjay in auto rickshaw to Civil Hospital, Beed.

Information was also given to P.W. 3 Vidya wife of Sanjay

Wadmare. She also immediately came in the Civil Hospital,

made enquiry with Sanjay about injuries and Sanjay disclosed

that accused Nos. 1 and 2 attacked with knife and gupti on

account of previous enmity and quarrel took place at the time of

marriage some where in the month of November, 1997. P.W. 3

Vidya Wadmare accordingly gave information to the police, who

was on duty at Civil Hospital, Beed. Doctor from the Civil

Hospital who was on duty, namely Kailas Ganpatrao Dudhal,

accordingly, attended P.W. 5 Sanjay Wadmare. He was

accordingly admitted in the Civil Hospital as indoor patient. A

call was given to a concerned Surgeon and accordingly Dr.

Avinash Deshpande, P.W. 6 then came in the hospital and

examined Sanjay Wadmare. Thereafter, he was operated.

Sanjay was in the hospital as indoor patient till 28.07.1998.

4 cri appeal 332.99

4.

On the basis of the report given by P.W. 3 Vidya Wadmare,

Police Station Officer, P. S. Beed (City) accordingly registered

Crime No. 250/1998 against the accused for the offence U/Sec.

307 r/w Sec. 34 of the Indian Penal Code. The investigation of

the above said crime was thereafter handed over to P.W. 10 P.S.I.

Fulzalke, who during the course of investigation, visited the

place of incident, and prepare