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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P. DHARMADHIKARI, SANDEEP K. SHINDE, JJ.
Irappa @ Chermal Subhash Dhangar - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 185 of 2015, 916, 1067 of 2014
Decided on : 09-07-2019
IPC - Offences under section 302, 324 read with 34 - 427 read with 34 and 4(27) of Indian Arms Act - The court discussed the discrepancies in the evidence, the injuries sustained by the deceased and the witnesses' statements. The judgment highlighted the doubts in the prosecution's case, the lapses in the investigation, and ultimately gave the appellants the benefit of the doubt.
Fact of the Case:
The deceased and his group were abused by the appellants, leading to a confrontation. Later, the appellants armed with weapons assaulted the deceased and his friends, resulting in injuries and the death of the deceased.
Finding of the Court:
The court found discrepancies in the evidence, doubts in the prosecution's case, and lapses in the investigation, leading to the benefit of the doubt being given to the appellants.
Issues: Discrepancies in evidence, doubts in the prosecution's case, lapses in the investigation
Ratio Decidendi: The doubts in the prosecution's case and the lapses in the investigation led to the benefit of the doubt being given to the appellants.
Final Decision: The conviction and punishments imposed on the appellants were set aside, and they were ordered to be set free immediately if their custody was not required in any other matter. The judgment and order were quashed and set aside, and the appeals were allowed and disposed of.
JUDGMENT :
B.P.Dharmadhikari, J.
Three appellants before this Court have been sentenced to suffer life imprisonment for the offence punishable under section 302 read with 34 of IPC and RI for six months for the offence punishable under section 324 read with 34 of IPC. They have been acquitted of the offence punishable under section 427 read with 34 of IPC. Accused no. 2 Irappa is also acquitted of the offence punishable under section 4(27) of the Indian Arms Act. This judgment dated 2/1/2014 delivered by the Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai in Sessions Case No. 265 of 2011 is questioned by the appellants in these appeals.
2. We have heard Advocate Payoshi for the appellants and learned APP Mr. Sait for the respondent State.
3. The case of the prosecution is on 31/12/2010 deceased Ashok Kamble and his group were abused by one Irappa Dhangar and his friends. Dinesh Sable who was abused then filed non cognizable case. One Sakharam Karande and his friends who were with deceased Ashok and Dinesh, latter on came to know that the accused no.2 Irappa was the attacker. Hence, on 1/11/2011 at about 2.00 pm. Sakharam, deceased Ashok and their friends met Irappa and enquired the reason for abusing and beating Dinesh Sable. Irappa then gave complaint against Ashok and his friends.
4. At about 7.15 pm on the same day, Sakharam, Ashok and their friends were standing on the foot path near Ambika Chawl, Goshala Road, Mulund talking with each other. Accused no.1 Balya, accused no.2 Irappa and accused no. 3 Irfan and one juvenile came there armed with sword, stump, iron rod and started beating them. Balya delivered sword blows and injured Sakharam and Ashok. Accused Irappa gave sword blows on the head of Ashok. Accused no. 3 Irphan gave blows of iron rod on the back and legs of Ashok and blows of stump on the back of injured Sakharam. Fourth attacker (juvenile) gave blows of iron rod on the legs of the injured and deceased. Sakharam and Ashok both fell down.
5. One Vivek Dabhade and Yashvant Jethithor took the deceased Ashok and injured Sakharam to Mulund General Hospital which is of Municipal Corporation. Injured Sakharam lodged complaint against the accused at Mulund Police Station and crime under section 324, 307 read with 234 of IPC along section 4(27) of Indian Arms Act came to be registered.
6. Police arrested accused no.1 Balu Chavan on 2/1/2011, accused no. 2 Irappa and accused no. 3 Irphan on 6/1/2011. Accused no.1 Balya discovered cloths and iron plate on 4/1/2011. Accused no. 2. Irappa handed over sword, green colour full shirt and black pant under the memorandum of panchanama on 8/1/2011. Accused Irphan handed over wooden stump, pant and white dotted shirt under memorandum panchanama on 10/1/2011.
7. Deceased Ashok died in Sion Hospital (Lokmanya Tilak General Hospital) on 17/1/2011. After completing investigation, chargesheet was filed in 27th Court of Metropolitan Magistrate, Mulund, Mumbai and matter was then made over to Sessions Court.
8. Sessions Court vide Exh. 12 framed charge against accused no.1 Balu Chavan, accused no. 2 Irappa @ Chermal Subhash Dhangar and accused no. 3 Irphan Shaikh under section 302 for causing death of Ashok, under Section 324 for causing hurt to PW 1 Sakharam by sword, stump and iron rod. Charge under section 427 of IPC was also framed but trial court has found the same not established. The charge for the offence under section 4 of the Arms Act punishable under section 27 thereof was also framed as accused no.2 Irappa was found in possession of the country made revolver loaded with live cartridge.
9. Learned counsel for the appellants accused persons has submitted that the accused persons have been roped in a false and fabricated case. The prosecution has not permitted the truth to come on record and genesis of crime has been entirely suppressed. It is contended that the deceased Ashok and injured Sakharam were carried to Hospital at Mulund together and the version of how
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