Thane, Feb 05: The Thane Sessions Court has convicted a 45-year-old Jabalpur resident for stabbing a patient admitted to a Kalwa hospital following a dispute over a cigarette.
The altercation was triggered when the complainant demanded his cigarette back from the accused, after which the accused stabbed him with a sharp object.
Incident dates back to February 2021
The prosecution’s case dates back to February 2021, when the Kalwa police arrested the accused, Suresh Banwari Belbansi. He was accused of stabbing the complainant with a sharp knife.
According to the prosecution, the complainant, who was admitted to Kalwa hospital for treatment, was smoking a cigarette when the accused approached him and asked for a drag, which was initially given.
However, when the complainant asked for his cigarette back, the accused allegedly abused him, leading to a heated argument. In a fit of rage, the accused stabbed the victim with a kitchen knife.
No intention to commit murder: court
The court, presided over by Judge V. G. Mohite, held that the fight was a random one that occurred over a trivial issue involving a cigarette and that there was no intention to commit murder. Accordingly, the accused was convicted of causing grievous hurt but acquitted of the more serious charge of attempt to murder.
“The incident of assault with a knife and the abuses occurred in the spur of the moment over a trivial reason, i.e., snatching of a cigarette and refusal to return the same. There was no prior enmity between them. The prosecution has not led reliable evidence to prove the intention of the accused to commit the murder of the victim or to cause grave injury to him. The seized muddemal knife is generally used in the kitchen. The injury certificate is silent about any stab injury on a vital part of the body of the victim. Therefore, it cannot be said that the accused had the intention to commit the murder of the victim or to cause grievous injury to him,” the order reads.
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Sentence limited to period already undergone
While considering sentencing, the court noted that the accused had already spent more than three years in jail, having faced trial since 2021.
“He has suffered physically, mentally, and economically during the pendency of the case. In these circumstances, it is fit and proper to award a consolidated sentence of imprisonment already undergone instead of awarding separate sentences for each offence,” the order stated, granting set-off against the sentence pronounced.
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