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2017 Supreme(Bom) 2419
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
SWAPNA JOSHI, J.
Ashish alias Ashotosh Dharamraj Meheshkar - Appellant
Versus
State of Maharashtra Through Police Station Officer Civil Lines Police Station, Akola - Respondent
Criminal Appeal No. 508 of 2003
Decided on : 06-09-2017
Advocate Appeared:
For the Respondent: Mr. S.B. Bissa, Additional Public Prosecutor.
The injured witness's testimony holds a special status in law, and when corroborated by medical evidence and eyewitness accounts, it can establish guilt beyond reasonable doubt.
Headnote:
Assault - Indian Penal Code - Section 324 - 307 r/ws. 34 - 27 of the Evidence Act - 12 × 4 cm, 5 × 3 inches - The court found the appellant guilty of assaulting the victim under Section 324 of the Indian Penal Code. The medical evidence and eyewitness testimony corroborated the victim's account of the assault. The recovery of the weapon and the CA report further supported the prosecution's case, leading to the appellant's conviction.
Fact of the Case:
The appellant was convicted under Section 324 of the Indian Penal Code for assaulting the victim with a sharp-edged weapon, causing a 12 × 4 cm injury on the victim's chest. The victim immediately reported the incident to the police, and medical evidence corroborated the assault.
Finding of the Court:
The court found the appellant guilty of the assault based on the victim's testimony, eyewitness accounts, medical evidence, and the recovery of the weapon. The court upheld the judgment and order of the trial court, maintaining the appellant's conviction and sentencing.
Issues: The key issues revolved around the credibility of the victim's testimony, the corroboration of the assault by medical evidence and eyewitness accounts, and the admissibility of the weapon recovered by the police.
Ratio Decidendi: The court relied on the injured witness's testimony, medical evidence, and eyewitness accounts to establish the appellant's guilt. The recovery of the weapon and the CA report further supported the prosecution's case, leading to the appellant's conviction.
Final Decision: The court dismissed the appeal, upheld the appellant's conviction under Section 324 of the Indian Penal Code, and ordered the appellant to surrender to serve the remaining part of the sentence.
SWAPNA JOSHI, J.
1. This Appeal has been directed against the judgment and order dated 26.6.2003 passed by the learned II Additional Sessions Judge, Akola in Sessions Trial No. 155/2000 thereby convicting the appellant under Section 324 of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 1000/- in default, further R.I. for one month.
2. I have heard Mr. S.B. Bissa, the learned Additional Public Prosecutor and with his assistance, I have perused the entire record. The counsel for the appellant remained absent.
3. Brief facts of the case are that: the complainant Vijay Pawar (PW8) and Ashish (appellant) were known to each other. The appellant was the classmate of elder brother of the complainant. The appellant used to intercept the complainant whenever he used to attend the tuition classes. It is alleged that the appellant used to demand money from him for the purpose of consuming liquor. There was some dispute between the appellant and the complainant on the occasion of Sankrant festival of the year 1999 on the trifle issue of flying kites. At that time, the appellant threatened to kill the complainant. On 31st December, 1999 while the appellant and his friends were celebrating the arrival of New Year at Lala Lajpatrai Colony premises, the appellant along with the original accused no. 2-Jitendra arrived there. The appellant-Ashish gave a kick blow to the complainant and also threatened him that he shall see him later on. On the date of the incident i.e. on 23.1.2000 when the complainant along with his friend Atul Chavan (PW7), Nagesh Kakad, Nitin, and Bunty Rangari were sitting on the ground of Toshniwal Layout at about 7.30 pm, the appellant along with accused no. 2-Jitendra came on Luna moped. The appellant started abusing the complainant and assaulted him with fist and kick blows. Thereafter Jitendra caught hold of the victim and the appellant dealt a blow by a sharp edged weapon on the lateral portion of the chest of the complainant due to which he sustained bleeding injury. Thereafter the appellant and Jitendra fled away from the place of the incident. The complainant then proceeded to the Civil Lines Police Station, Akola and lodged the complaint(Exh.36) against the accused.
4. At the relevant time, PW 9-Ramdas Lad, Police Inspector was attached to Police Station, Civil Lines, Akola. He recored the complaint/oral report (Exh.36) and on the basis of it, registered an offence vide Crime No. 47/2000 u/s. 307 r/ws. 34 of the IPC. API Suresh Tijare (PW10) who was attached to Civil Lines, Police Station, Akola, visited the place of the incident and recorded the spot panchnama (Exh.21), so also the statements of the witnesses. He arrested the accused no. 2-Jitendra on 28.1.2000 and appellant-Ashish on 31.1.2000. API Suresh Tijare, (PW10), took charge of the knife at the instance of the appellant vide seizure panchnama Exh.32. The victim was admitted in the hospital. PW10-Tijare took charge of the clothes of the victim vide seizure memo (Exh.29). He also took charge of the clothes of the appellant under seizure panchnama (Exh.43). The clothes were sent to C.A. office for analysis. The CA report was secured during the course of investigation (Exh.65). After completion of investigation, charge-sheet was filed. The learned Judge framed the charge. He conducted the trial and after hearing both the sides, convicted the appellant, as aforesaid. Hence, this Appeal.
5. The prosecution has examined as many as ten witnesses, out of which PW 8-the complainant/victim-Vijay, PW7 Atul Chavan, an alleged eye witness, PW 6-Ganesh Thakre, a panch witness on the point of seizure of knife and the Medical officer PW1-Dr. Shruti Dongre, are the relevant witnesses.
6. PW 8-Vijay who is the victim, has categorically stated that he was knowing the appellant-Ashish and Jitendra. They both used to demand money for consuming liquor, when PW8 was attending the tuition classes, they used to threaten him that
