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2013 Supreme(Bom) 2625

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V. K. TAHILRAMANI & MRIDULA BHATKAR, JJ.
Arvind Ashok Sonar – Appellant
Vs.
State of Maharashtra – Respondent
Criminal Appeal No.856 of 2009
Decided On : 31st July, 2013

Advocates:
Advocate Appeared:
Mr. MANOJ A. PATIL, Adv. for the Appellant.
Mrs. V.R. BHONSALE, APP for the State.

Headnote:Indian Penal Code, 1860 - Sections 326 and 307 - Grievous hurt or attempt to murder. - Where accused threw chemical on the face of the victim who suffered 10% burn injuries on her person, his conviction was upheld under Section 326 and not under Section 307, IPC.

JUDGMENT :

MRIDULA BIIA TKAR, J.

The appellant-original accused has preferred this appeal against the judgment and order dated 21.03.2009 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 17 of 2008. By the said judgment and order, the learned Sessions Judge convicted the appellant for the offence punishable under Section 307 of IPC and sentenced to suffer imprisonment for life.

2. The incident has taken place on 21.11.2007 at Jyotirling Apartment, Kolhapur. Victim girl Sujata was residing at Jyotirling Apartment with her parents and sibling. At the relevant time, she was holding a degree of Engineering and was serving in Pune. Her marriage was settled and was to take place on 03.12.2007 with one Koustabh Tamhankar from Sangli.

2.1 The appellant used to distribute newspapers in the area where Sujata was residing. It is the case of the prosecution that the appellant was in love with Sujata but it was one sided love. The appellant had expressed his love to Sujata in last 3-4 years prior to the incident, however, there was no response from Sujata. She and her parents warned him not to cross his limits and not to harass her. They have also approached the police about said harassment.

2.2. On 21.11.2007 at around 07.00 to 07.30 p.m. Sujata went to the medical shop and returned with medicines on her two wheeler. She parked it and was climbing the staircases to go to her home. At that time, the appellant came from the upstairs with a bottle in his hand and disclosed to Sujata that as she was not responding to his love; he threatened to kin her. The appellant removed the cap of the bottle and poured some corrosive chemical on her face and fled away. Sujata sustained injuries. She started shouting. Her family members and neighbours came running there. She disclosed the incident to her mother and other persons. Her mother poured water on her face immediately and was taken to the dispensary of Dr. Sahastrabuddhe. She was given preliminary treatment and then she was admitted in the City Hospital.

2.3 The mother of Sujata lodged a complaint with the police. Same was treated as FIR (Exh.22). PW 12 API Gujar of Shahupuri Police Station registered the offence against the appellant at C.R. No. 284 of 2007 of Shahupuri Police Station for the offence punishable under Section 307 of IPC. Police thereafter went to the spot. They drew the spot panchnama (Exh.16). Clothes of Sujata were seized under panchnama (Exh.14). Both the panchnamas were drawn on the same night of 21.11.2007. Police recorded statements of the neighbours and the persons from the vicinity.

2.4 PW10 Dr. Archana Pawar treated the victim girl Sujata on the same day. The appellant was arrested on the next day i.e on 22.11.2007. Arrest panchnama (Exh.24) was drawn in presence of pancha PW 9 Ekane. After completion of the investigation, police submitted the charge sheet in the Court of Magistrate. The learned Magistrate committed the case to the Court of Sessions.

3. The appellant was charged for the offence punishable under Section 307 of IPC and was convicted and sentenced for the same, hence, this appeal.

4. This is a full proof case against the appellant. PW 3 victim girl Sujata stood in the witness box and has narrated that the appellant was after her since 3-4 years prior to the incident. He has expressed his love towards her, however, she was not interested in him and she has warned him not to be after her. She has also informed about the same to her father and her mother PW 8 Neha. They have also warned the appellant. PW 1 Sujata has stated that her marriage was fixed with one Koustabh Tamhankar from Sangli and it was to be solemnized on 03.12.2007. On 21.11.2007 at around 07.30 p.m., she went to the medical shop and returned with medicines on her two wheeler. She parked it and was climbing the staircases to go to her home. At that time, the appellant came from the upstairs with a bottle in his hand and disclosed to Sujata that as she was not responding to his lov

















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