At the trial the prosecution relied upon the evidence of PWS 2 and 3.
On appeal preferred by the appellant, the High Court affirmed the order of companyviction but reduced the sentence as earlier numbericed.
On the basis of the report lodged by PW3 the case was investigated and ultimately the appellant along with Ravindra Swamy was put up for trial before the Additional Sessions Judge, Pune being Sessions Case No.317 of 1990.
This occurrence took place at 4.00 p.m. Later at 9.00 P.M. when PWs 2 and 3 closed their shop and left for their house on a scooter driven by PW2, the appellant along with one Ravindra Swamy accosted them on the way.
That altercation was followed by PW2 slapping the appellant.
It maintained the sentence of fine.
The case of the prosecution is that on 20th May, 1990 at about 4.00 P.M. an altercation took place between PWS 2 and 3 on the one hand, and the appellant on the other.
With the assistance of companynsel appearing for the parties, we have gone through the evidence on record.
It also relied upon the recovery of weapon of offence, namely, a knife at the instance of the appellant.
Ravindra Swamy hit the scooter with an iron rod as a result of which PW2 and PW3 fell down, whereafter the appellant is said to have stabbed PW2 with knife in his abdomen.
PW2 was taken to the hospital.
