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2015 Supreme(Bom) 778
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
P.V. HARDAS & SHALINI PHANSALKAR-JOSHI, JJ.
Shivaji Ramchandra Pawar & Others - Petitioners
Versus
The State of Maharashtra - Respondents
Criminal Appeal No. 869 of 2007
Decided On : 06-05-2015
For the Appellant:Dr. Yug Mohit Chaudhary, Advocate.
For the Respondent: H.J. Dedhia, A.P.P.
The main legal point established in the judgment is that the injuries sustained by the accused were minor and likely caused in the course of their own assault, and the prosecution's evidence was deemed cogent, clear, consistent, and credit-worthy.
Headnote:
IPC - Conviction under Sections 302 and 307 r/w. 34 - 302, 307 r/w. 34 - The judgment discusses the evidence presented by the prosecution, including eyewitness accounts, medical evidence, and the recovery of weapons used in the assault. The court analyzes the injuries sustained by the accused and the deceased, concluding that the injuries on the accused were minor and likely caused in the course of their own assault. The court dismisses the appeal, confirming the conviction and sentence of the appellants.
Fact of the Case:
The incident involved a quarrel between two rival factions, resulting in the assault of the deceased and an eyewitness. The prosecution presented eyewitness accounts, medical evidence, and the recovery of weapons used in the assault.
Finding of the Court:
The court found the guilt of the appellants to be proved beyond reasonable doubt based on the evidence presented by the prosecution. The injuries sustained by the accused were deemed minor and likely caused in the course of their own assault.
Issues: The issues revolved around the credibility of eyewitness accounts, the nature of injuries sustained by the accused, and the circumstances of the assault.
Ratio Decidendi: The court held that the injuries sustained by the accused were minor and likely caused in the course of their own assault, based on medical evidence and eyewitness accounts. The court also concluded that the prosecution's evidence was cogent, clear, consistent, and credit-worthy, outweighing the effect of the prosecution's omission to explain the injuries.
Final Decision: The court dismissed the appeal, confirming the conviction and sentence of the appellants for the offences charged and proved against them.
[Dr. Shalini Phansalkar-Joshi, J.]
1. This Appeal takes an exception to the Judgment of the Additional Sessions Judge, Satara in Sessions Case No.7 of 2001, dated 31st August, 2007. By the impugned Judgment, the Appellants are convicted for the offences punishable under Sections 302 and 307 r/w. 34 of the IPC and sentenced to suffer R.I. for life and to pay fine of Rs.3,000/- each, in default to suffer S.I. for six months on the first count, and R.I. for ten years and to pay fine of Rs.1,000/- each, in default to suffer S.I. for one month on the second count, with a further direction that both the substantive sentences of imprisonment are to run concurrently.
2. Factual matrix of the case, as is necessary, for deciding this Appeal may be depicted as follows:-
The Appellants, the First Informant PW-1 Sahebrao Gogavale, the injured PW-5 Laxman Gogavale, deceased Dilip and Prosecution Witnesses to the incident are of the same village, belonging to two rival factions, having the history of strained relations between the two families. The incident giving rise to this case had taken place on 28th August, 2000 at about 7:00 am to 7:15 am, when, as per Prosecution case, on account of some minor altercations, the Appellants assaulted deceased Dilip and PW-5 Laxman with axe and sticks in their hands. As a result, Dilip sustained grievous injuries and became unconscious, whereas, PW-5 Laxman sustained bleeding injury to his head. PW-1 Sahebrao, who was an eye witness to the incident, has sent both the injured Dilip and Laxman in the rickshaw tempo of PW-3 Balasaheb Beble to the Civil Hospital and he himself went to Satara Taluka Police Station, where he lodged the First Information Report about the incident vide Exhibit-29. On his complaint (Exhibit-29), C.R. No.107 of 2000 came to be registered against the Appellants for the offence punishable under Section 307 r/w. 34 of the IPC. In respect of the same incident, the Appellant No.1 had also lodged cross complaint and on his complaint, C.R. No.106 of 2000 was registered against the Prosecution Witnesses. Appellant Nos.1 to 3, who had sustained injuries in the said incident, were also referred, accordingly, for their medical examination to Civil Hospital, Satara.
3. PW-13 API Anil Deshmukh, who was in-charge of the said Police Station, took over the investigation of C.R. No.107 of 2000 registered on the complaint of PW-1 Sahebrao. He visited the spot of incident and prepared Spot Panchanama (Exhibit-46) in the presence of the Panch PW-6 Janardan More. From the spot, he collected simple mud and blood stained mud under the said Panchanama. On the same day, he arrested Appellant No.1-Shivaji under Panchanama (Exhibit-50) and also recorded the statements of eye witnesses to the incident.
4. Further investigation of the case was taken over by PW-12 PI Anil Sandbhor. He arrested Appellant No.4-Navnath on the next day. During police custody, at the instance of Appellant No.4-Navnath, he seized the stick (Article No.6) under Panchanama (Exhibit-80) from the house of Appellant No.4-Navnath. On 31st August, 2000, he has arrested Appellant No.2-Vitthal and Appellant No.3-Santosh and seized the clothes on their person under Panchanama (Exhibit-103). During interrogation, on 1st September, 2000, Appellant No.1-Shivaji expressed his willingness to produce the weapon of assault, an axe, which he has concealed behind the door of his house. His statement was reduced to Memorandum Panchanama (Exhibit-81) in the presence of PW-10 Panch Jitendra Deshmukh. Thereafter, Appellant No.1 guided the Police and Panchas to his house and produced the axe with blood stains thereon, which came to be seized under Panchanama (Exhibit-82). On the same day, during interrogation, Appellant No.3-Santosh expressed his willingness to produce the axe concealed in his house. His statement was also reduced to Memorandum Panchanama (Exhibit-83) in the presence of PW-10 Panch Jitendra Deshmukh. Then he guided the Police an
