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2019 Supreme(Bom) 1263
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
T.V. NALAWADE, K.K. SONAWANE, JJ.
The State of Maharashtra Through PSI, Sangamner Taluka Police Station - Appellant
Versus
Bhika Raoji Hajare and Ors - Respondent
Criminal Appeal No. 424 of 2013
Decided On : 28-08-2019
Act Referred
EVIDENCE ACT : S.27, S.157, S.45, S.105
INDIAN PENAL CODE : S.302, S.325, S.123, S.149, S.143, S.147, S.148, S.504, S.506, S.120(b), S.307, S.323, S.304 Part II
Headnote
CRIMINAL APPEAL - [SECTION 302, 325, 120-B IPC] - [ACQUITTAL] - [MEDICAL EVIDENCE] - [EYE WITNESSES] - [CIRCUMSTANTIAL EVIDENCE] - [SECTION 149, 147, 148, 504, 506 IPC] - [SECTION 154, 157 EVIDENCE ACT] - [SECTION 105 EVIDENCE ACT] - [SECTION 34, 149 IPC] - [SECTION 428 CRPC] - Appeal against acquittal - Deceased was ploughing the land when all the accused went there to prevent the agricultural operation - Accused assaulted the deceased with weapons like axe, iron bar and sickle - Informant rushed to the spot to save the deceased and accused gave blow of axe on his left hand - Daughter in law of informant was also assaulted by accused - Deceased succumbed to the injuries - Trial Court acquitted all the accused - Whether the Trial Court was justified in acquitting the accused - Held, appeal allowed - Trial Court erred in acquitting the accused - Evidence of eye witnesses, medical evidence and circumstantial evidence corroborated each other - Accused Nos. 1 and 2 had assaulted both deceased and informant - Accused Nos. 1 and 2 convicted for the offence of murder punishable under section 302 r/w. 34 of IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- (Rupees one thousand), each - Accused Nos. 1 and 2 convicted for the offence of causing grievous hurt punishable under section 325 r/w. 34 of IPC and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- (Rupees one thousand), each - Both the substantive sentences given to accused Nos. 1 and 2 to run concurrently - Accused Nos. 1 and 2 entitled to set off under section 428 of Cr.P.C. in respect of the period for which they were already behind bars - Appeal filed as against accused Nos. 3 to 5 dismissed.
Fact of the Case:
The deceased was ploughing the land when all the accused went there to prevent the agricultural operation. Accused assaulted the deceased with weapons like axe, iron bar and sickle. Informant rushed to the spot to save the deceased and accused gave blow of axe on his left hand. Daughter in law of informant was also assaulted by accused. Deceased succumbed to the injuries.
Finding of the Court:
The Trial Court erred in acquitting the accused. Evidence of eye witnesses, medical evidence and circumstantial evidence corroborated each other. Accused Nos. 1 and 2 had assaulted both deceased and informant.
Issues: Whether the Trial Court was justified in acquitting the accused.
Ratio Decidendi: The evidence of eye witnesses, medical evidence and circumstantial evidence corroborated each other. Accused Nos. 1 and 2 had assaulted both deceased and informant.
Final Decision: Appeal allowed. Accused Nos. 1 and 2 convicted for the offence of murder punishable under section 302 r/w. 34 of IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- (Rupees one thousand), each. Accused Nos. 1 and 2 convicted for the offence of causing grievous hurt punishable under section 325 r/w. 34 of IPC and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- (Rupees one thousand), each. Both the substantive sentences given to accused Nos. 1 and 2 to run concurrently. Accused Nos. 1 and 2 entitled to set off under section 428 of Cr.P.C. in respect of the period for which they were already behind bars. Appeal filed as against accused Nos. 3 to 5 dismissed.
Advocate Appeared:
For the Appellant : Mr. A.S. Shinde, APP
For the Respondent:Mr. V.Y. Bhide, Advocate
JUDGMENT :
T.V. NALAWADE, J.
1. The appeal is filed by the State to challenge the decision of acquittal given in Sessions Case No. 40/2011, which was pending in the Court of learned Additional Sessions Judge, Sangamner. The Trial Court has acquitted all the respondents of the offences punishable under sections 302, 325, 123 r/w. 149 of Indian Penal Code (hereinafter referred to as 'IPC' for short), sections 143, 147, 148 of IPC, sections 504, 506 of IPC and section 120-B of IPC. Both the sides are heard.
2. In short, the facts leading to the institution of the appeal can be stated as follows :-
The crime came to be registered on the basis of report given by one Dhondiba Hajare on 23.4.2011. Respondent No. 1 Bhika Hajare is real brother of the informant. Deceased Gorakh was son of informant Dhondiba. Dhondiba and Bhika together own 8 Acres of agricultural land in village Hajarwadi, Tahsil Sangamner and it is their ancestral property. By mutual understanding, they are cultivating 4 Acre portion each, but the entries in the revenue record in respect of portions are not made separately of the two brothers. Bhika is not satisfied with the contentions of Dhondiba that they are already cultivating separate portions. As name of Bhika is not entered in the revenue record separately, he had filed civil suit for relief of partition. The suit was decreed prior to the date of incident and the appeal against the said decision filed by Dhondiba was pending on the date of incident.
3. The incident in question took place on 23.4.2011. After 8.00 a.m. when son of informant Gorakh was ploughing the land which was in their possession, all the accused went there to prevent the agricultural operation. When Gorakh said that the said portion had come to their share, Bhika became angry and he along with other accused started assaulting Gorakh by using weapons like axe, iron bar and sickle. Bhika was holding axe, Macchindra son of Bhika was holding iron bar and Lahanu other son of Bhika was holding sickle. The house of informant is situated in the vicinity of that portion and he rushed to the spot to save Gorakh. After arrival of informant to the spot, Bhika gave blow of axe on left hand of informant. Daughter in law of informant Mainabai came forward and she was assaulted by accused Sonabai (wife of Bhika) and Kalpana (wife of Macchindra). In the incident, Gorakh sustained serious injuries and informant and his daughter in law Mainabai also sustained injuries. Threats of life were given by the accused to the informant and his family members. When the neighbours like Punja Hajare, Ambu Hajare and Mukta Hajare came there, the accused left the spot of offence. They were shifted to hospital of Dr. Shelke from Sangamner in the vehicle of Raju Punekar. Gorakh was alive but was unconscious at that time, on the date of report. In the hospital of Dr. Shelke, the report of Dhondiba came to be recorded and the crime came to be registered for offences punishable under sections 307, 149, 323 r/w. 149 etc. of IPC.
4. Gorakh succumbed to the injuries on 24.4.2011 and the crime came to be converted for the offence of murder. During the course of investigation, inquest panchanama of the dead body was prepared and dead body was referred for post mortem (P.M.) examination. Accused came to be arrested during the course of investigation. The spot panchanama came to be prepared on 23.4.2011. During the course of investigation, the weapons came to be recovered on the basis of statements given under section 27 of Evidence Act by some of the accused. The P.M. report came to be collected and the injury certificates also came to be collected. The articles seized were sent for C.A. The chargesheet came to be filed for aforesaid offences. The charge was framed for the offences already mentioned. Accused took the defence that false case is filed against them. One written say also came to be filed under section 313 of Cr.P.C. In the say, they contended that on 23.4.2011 the informant and
