Criminal Appeal No.723 of 2015. Case: Prasanjit Krishna Sahis Vs The State of Maharashtra (U.T. of Daman & Diu). High Court of Bombay (India)
| Case Number | Criminal Appeal No.723 of 2015 |
| Counsel | For Appellant: Mr. Satyavrat Joshi, Appointed Advocate and For Respondents: Ms. Purnima H. Kantharia, APP |
| Judges | A. M. Badar, J. |
| Issue | Indian Penal Code - Section 307 |
| Judgement Date | April 26, 2017 |
| Court | High Court of Bombay (India) |
Judgment:
1 By this appeal, the appellant / accused is challenging the judgment and order dated 25th June 2013 passed by the learned Sessions Judge, Daman, in Sessions Case No.10 of 2012 thereby convicting him of the offence punishable under Section 307 of the IPC and sentencing him to suffer rigorous imprisonment for a period of 7 years apart from payment of fine of Rs.2,000/-, in default, directions to undergo further rigorous imprisonment for a period of six months. The appeal was taken up for hearing in view of the order dated 15th September 2015 passed by this court.
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Briefly stated, facts leading to the prosecution of the appellant / accused, according to the prosecution case, are thus:
PW1 Manu Kartikkumbar Kumbkaran is an injured informant. Appellant / accused Prasanjit Krishna Sahis and injured informant Manu Kumbkaran are from the same village. Injured informant Manu Kumbkaran was working as labour contractor at Dalwada, Nani Daman. The appellant / accused was working with him as labourer. They both used to reside in Room No.30 in the chawl owned by PW2 Navin Patel who was located at Dalwada, Nani Daman.
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On 13th January 2012, mobile phone belonging to injured informant Manu Kumbkaran was stolen from the room. He apprehended that it was the appellant / accused who had stolen his mobile phone. There was hot exchange of words and quarrel between both of them. Then, at about 10.30 p.m. of 13th January 2012, injured informant Manu Kumbkaran went to bed. The appellant / accused slept by his side. After sometime, the appellant / accused caught hold of him and gave blow of knife on stomach of injured informant PW1 Manu Kumbkaran. The injured informant anyhow managed to rescue himself and came out of the room. He locked the appellant / accused inside the room. He was taken to Marwad hospital by PW2 Navin Patel -- landlord. The injured informant then lodged report Exhibit 6 against the appellant / accused which has resulted in registration of the offence against the appellant / accused. After initial medical treatment at Marwad hospital, injured PW1 Manu Kumbkaran was then referred to Hariya Rotary hospital at Wapi where he was treated by PW9 Dr. Suresh Sarode.
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Pursuant to the FIR lodged by PW1 Manu Kumbkaran, routine investigation followed. From the spot of incident, sample of blood and blood stained bedsheet came to be seized. At the instance of the appellant / accused, the knife came to be siezed. Statement of witnesses came to be recorded and on completion of routine investigation, the appellant / accused came to be chargesheeted for the offence punishable under Section 307 of the IPC.
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After committal, the appellant / accused came...
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