APEAL.756-09 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 756 OF 2009 Nasir Yusuf Shaikh ...Applelant Vs. The State of Maharashtra ...Respondent *** Mr. Daulat G. Khamkar, for the Appellant. Mrs. M. R. Tidke, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : DECEMBER 8, 2010 P.C. 1. Since the applicant has undergone the actual sentence of 3 years and 2 months imprisonment, the hearing of the appeal is taken up forth with by consent consent of the parties. 2. The appellant has filed this appeal, being aggrieved by the judgment and order passed by the Sessions Judge, Pune dated 7th July, 2008 whereby the the appellant was convicted for the offence punishable under S. 307 of the I. P. Code and was sentenced to suffer R.I. for 7 years and to pay fine of Rs.1,000/-; in default to undergo further R.I. for a APEAL.756-09 - 2 - period of 3 months. 3. The prosecution case in brief is that the complainant Sunil Ganpat Kasbe was residing along with his wife and daughter at Pune. The accused few days prior to 13-10-2004 demanded gold ear-tops from the complainant’s daughter and when she refused to hand them over to the accused, he forcibly took them from her. Thereafter on 13-10-2004 the complainant along with the accused went to his house along with his wife and daughter and when they reached near the petrol pump, near the house of the accused, the accused asked the complainant to follow him in his house and thereafter he took out a sickle and assaulted the complainant on his head and on other parts of his body. When the complainant’s wife and daughter were informed by one passer-by who had witnessed the said incident, they rushed to the spot and found that the complainant had received injuries on his head and other parts of the body. A complaint was lodged and the complainant was taken to the Sasoon Hospital where he was given treatment. The accused was arrested on 18-10-2004. The statement of witnesses were recorded, charge-sheet was filed. The prosecution examined 5 witnesses. On the basis of the evidence adduced by the prosecution, the trial Court convicted the accused and sentenced him to undergo R. I. for 7 years and APEAL.756-09 - 3 - to pay fine of Rs.1,000/- in default to undergo fur R.I. for 3 months. 4. The learned counsel has taken me to the order of the trial Court and also the evidence of the witnesses. In my view, there is no infirmity in the findings recorded by the trial Court. The complainant who was injured in the assault has in his evidence pointed out the motive for the assault. This statement has been corroborated by the other witnesses namely his wife and daughter. The medical evidence also supports the statement of the complainant. The medical officer who was examined by the prosecution has stated that the complainant received 13 injuries, out of which 3 incised injuries on head and they were grievous. The panchanama has also been proved by the panch witness PW 1. The prosecution, has therefore, established its case against the appellant beyond reasonable doubt. The conviction is therefore confirmed. 5. On the point of sentence, it is submitted that taking into consideration the young age of the appellant and the fact that this was his first offence, his sentence may be reduced to the period, which he has already undergone. He submitted that the appellant has undergone 3 years and 2 months actual sentence and that he was 18 years old at the time of the incident. In my view, taking into consideration the said fact, it would be appropriate if the said sentence is reduced from 7 years to 5 APEAL.756-09 - 4 - years. Appeal is therefore, partly allowed. 6. The conviction of the accused, awarded by the Sessions Court is confirmed. However, his sentence is reduced from 7 years to 5 years and in default sentence is however, reduced from three months to one month. [ V. M. KANADE J.]