It is an admitted position that PW3 Umesh was indoor patient for 5-6 days.By the said judgment and order of sentence, the appellant stands convicted for the offence punishable under Section::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 ::: 2 APPEAL307.06.odt 324 of the Indian Penal Code and for that he is directed to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::The appellant along with one Rajesh Kirnake was charged in the Sessions Trial for making murderous assault on Umesh Chavan (PW3) by means of knife and therefore, they were charged for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code.The learned Judge of the Court below acquitted both of them of the offence punishable under Section 307 read with Section 34 of the Indian Penal Code, however, convicted the appellant for the offence punishable under Section 324 of the Indian Penal Code.I have heard Shri A. K. Bhangde, the learned counsel for the appellant and Shri Amit A. Madiwale, the learned Additional Public Prosecutor for the respondent/State.Also perused the record and proceedings.According to the submissions of Shri Bhangde, the::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 ::: 3 APPEAL307.06.odt learned counsel for the appellant, there are omissions and contradictions in the evidence of PW1 Mukesh Chauhan, who has lodged the oral report (Exh.23) and PW3 Umesh Chauhan, the injured, on material particulars.He submitted that there is no uniformity in respect of the weapon used by the appellant while committing the offence.He submitted that there was previous enmity between the injured and the appellant and therefore, the appellant is falsely implicated in the crime.::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::Per contra, Shri Madiwale, the learned Additional Public Prosecutor for the State submitted that the injured in clear terms has stated that it is the appellant who has assaulted on him and the omissions are in respect of the acquitted accused.The first information report (Exh.23) is lodged by PW1 Mukesh Chavan.He is not the eye-witness.The injured is his younger brother.On 21.5.2004, after his brother Umesh left the house in the morning hours at 7.00 O'clock for procuring food for his pigs, some time thereafter somebody informed his mother that Umesh is assaulted by means of knife.In response to the::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 ::: 4 APPEAL307.06.odt information, he and his mother rushed to the spot.There they got knowledge that Umesh is already taken for treatment at Mayo Hospital.Therefore, they reached to the said hospital and on an enquiry, Umesh disclosed that it is the appellant, has given blow of knife.Evidence of PW1 Mukesh is on the line of his report (Exh.23).::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::He was proceeding to procure food for his pigs.When he was nearby to the Hyderabad house, the appellant and others came there and the appellant gave knife blow on his left shoulder near his neck.Another blow was also inflicted on him.Those::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 ::: 5 APPEAL307.06.odt omissions were in respect of the co-accused Rajesh, who is already acquitted by the Court below.The core of the evidence of PW3 Umesh has not shattered at all on the point of giving knife blow on him by the appellant.Further, he has identified the weapon also.::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::PW4 Dr. Dattu Satai has proved injury report (Exh.56).He found following injuries on the person of victim Umesh.Incised wound present over infra scapular region size 1 x ½ inch x ? depth Air bubble present.2. incised wound size 1½ inch present over upper 1/3rd of left arm.3. incised wound size 1½ inch x ? depth at the level of Thorasic Vertibra.4. incised wound present over back side size 2 inch x ?depth at the level of T-105. incised wound size over right shoulder region size 1½ inch x 1 cm.Incised wound present over right thigh sixe 1 ½ inch x 1 cmLacerated wound present over scalp size 1 inch x 1 inch x ½ inch.He has prepared the injury report on the basis of Bed Head Ticket, which he brought in the Court at the time of his evidence.He placed photo copy of the Bed Head Ticket on record.It is at Exh.55.::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::The Investigating Officer also sent a weapon to PW4 Dr. Dattu Satai along with requisition letter (Exh.57).He gave his query report (Exh.58) and opined that the weapon can cause the injuries.Another doctor is examined by the prosecution and he is PW5 Dr. Abhijeet Deshmukh.He examined the patient and noticed the following injuries :Infra claviter region.2. Left armOver the back at the level of T-2 and T-10Over the Scalp.The prosecution has also proved the recovery of knife at the behest of the appellant on his memorandum statement.His memorandum statement was recorded in presence of Madhukar Karnuke (PW2).After recording of his disclosure statement (Exh.26), weapon knife which was concealed by the appellant in the bathroom of his house, was recovered.It is thus clear that the place from where the weapon was seized, was in exclusive possession of the appellant.::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::The learned Judge, in my opinion, has correctly appreciated the prosecution case, especially the evidence of injured and the medical evidence.The appellant, who is on bail shall surrender his bail bonds immediately, else, the Court below is directed to take necessary steps for procuring the appellant for serving his jail sentence.Needless to mention that the appellant will be entitled for set off for the period, which he has already undergone in jail.JUDGE Diwale::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::::: Uploaded on - 27/03/2018 ::: Downloaded on - 28/03/2018 01:38:37 :::

Cited provisions: Section 307 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 324 in The Indian Penal Code