1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.903 of 2009 IN Criminal Appeal No.818 of 2009 Janardan Eaitwar Koli ... ... Applicant/ accused v/s. State of Mah. & anr. ... ... Respondents/ complainants Ms.Sarojini Upadhyay for Applicant. Mr.S.R. Shinde, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 23rd November 2009 P.C. : 1.The Applicant has been convicted under Section 307 of the Indian Penal Code. He attempted to murder his Advocate. He was found with chilly powder packet upon his personal search. The offence was committed with a Beer bottle. Broken pieces of Beer bottle are seen on the spot. The clothes were stained with blood. The accused was seen with knife in his hand. FIR shows that on the public road when the complainant was proceeding, the accused suddenly came and assaulted him on the head, neck, back and abdomen. The medical evidence of the Medical Officer in G.T. Hospital shows that the abdomen had a heavy bleeding and there was 2 incised wound in the upper chest and index finger of the complainant. The complainant also had some minor injuries on his head. He was bleeding from the abdomen. 2.The Advocate for the Applicant/accused laid much stress upon the fact that the complainant sought to discharge himself from the G.T. Hospital and was discharged against the medical advice on the same day. The case history recorded in the case papers of Medical Officer shows assault by known person around 10 a.m. - history of assault to head with bottle which was followed by stab to the side of the abdomen by knife. 3.No case for suspension of sentence is made out. Application rejected. (SMT.ROSHAN DALVI, J.)