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V.M.DESHPANDE
Deepak – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - The appeal partly allowed; conviction under Section 326 IPC set aside and replaced with conviction under Section 324 IPC, with jail term to be the period already served (!) (!) (!) - The injuries and evidence led to the court limiting the offense to Section 324 IPC due to lack of proof of grievous hurt as required by Section 320 IPC and Hori Lal principles (!) (!) (!) (!) - The bed-head ticket and Dr. Dixit’s testimony were found lacking personal knowledge about Narendra’s injuries, affecting the classification of the injury as grievous (!) (!) (!) (!) (!) (!) - The earlier finding of Section 326 IPC cannot be upheld; the knife assault is accepted but constitutes Section 324 IPC per the court’s assessment (!) (!) (!) (!) - The incident occurred in 2001; appellant had no prior criminal background; no minimum punishment for Section 324 IPC; jail term already served may satisfy punishment (!) (!) (!) (!)
V.M. DESHPANDE, J.
1. By the present appeal, the appellant is challenging the judgment and order of conviction dated 04.02.2006 passed by learned 4th Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.226/2001. By the said judgment, the appellant was found to be guilty for committing an offence punishable under Section 326 of the Indian Penal Code (IPC). The Court below awarded punishment of rigorous imprisonment for two years and payment of fine of Rs.1,000/- in default, sufferance of rigorous imprisonment for three months.
2. The criminal law was set into motion by Gajanan Ugale (PW6) on 03.07.2001. This Gajanan Ugale did not support the prosecution case whole heartedly and was required to be declared as hostile to the prosecution. Hanumantrao Wadde (PW14), a Police Inspector of Police Station, Walgaon who scribed the oral report of Gajanan, has proved the same and it is at Exh.-124.
3. As per the oral report, on 03.07.2001 at 10.00 O'clock, injured Narendra (PW3), cousin of first informant, was proceeding towards his house after closing his shop. At that time, Dilip Munde (PW2) was accompanying him. At that time, the appellant, his brother Madan and one unkno
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