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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
G.A. SANAP, J.
Kiran Arjunsingh Rathod – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No.83 of 2020
Decided on : 12-08-2022
Indian Penal Code - Assault - Sections 307, 324 r/w Section 34 - Summary
Fact of the Case:
The case involved an incident where the appellants assaulted the informant's family members, resulting in serious injuries. The prosecution relied on the evidence of the injured witnesses and medical officers to prove the complicity of the appellants in the crime.
Finding of the Court:
The court found the evidence of the injured witnesses and medical officers to be credible, reliable, and corroborative. It rejected the defense's claims of false implication and lack of evidence, ultimately upholding the conviction and sentencing the appellants.
Issues: The issues revolved around the reliability of the evidence, contradictions in witness testimony, and the recovery of the weapon used in the assault.
Ratio Decidendi: The court emphasized the credibility of the injured witnesses and the corroborative nature of the medical evidence. It also highlighted the lack of probable defense and the proportionality of the sentence to the gravity of the crime.
Final Decision: The appeal was dismissed, maintaining the conviction and sentence for the offences punishable under sections 307, 506 r/w 34 of the Indian Penal Code, while setting aside the conviction and sentence under Section 324 r/w 34.
JUDGMENT :
1. Heard.
2. This appeal is preferred against the judgment and order dated 01.01.2020 passed by the learned Additional Sessions Judge, Yavatmal in Sessions Trial No.100 of 2014, whereby the learned Additional Sessions Judge, convicted the appellants for the offences punishable under Sections 307 and 324 r/w Section 34 of the Indian Penal Code. The appellant No.1 is convicted for the offence punishable under Section 506 of the Indian Penal Code. The sentence awarded to them on different counts is as under:
(ii) Appellant Nos.1 to 3 are sentenced to suffer Rigorous Imprisonment for 2 (Two) years and to pay fine of Rs.500/- (Rs.Five hundred only) each and in default to suffer Simple Imprisonment for 3 (Three) months under Section 324 r/w of the Indian Penal Code.
(iii) Appellant No.1 is sentenced to suffer Rigorous Imprisonment for 2 (two) years and to pay fine of Rs.1,000/-(Rs.One Thousand Only) and in default to suffer Simple Imprisonment for 3 (Three) months under Section 506 of the Indian Penal Code.
3. The facts relevant for the decision of this appeal may be stated in brief. :
PW-1 Ramesh Shankarrao Thakre, is the informant.
The incident occurred on 28/06/2014 at around 6.30 p.m. Akshay is the son of the informant. It is the case of the prosecution that on 28.06.2014, in the afternoon, Akshay gave a push in a fun to the auto of the appellant No.1. The appellant No.1, objected for the same. On that count, a quarrel took place between Akshay and appellant No.1. The appellant No.1, at that time beat Akshay and extended the threat to kill him. Akshay narrated the said incident to his mother. The informant returned back from his work at 6.30 p.m. Durga, wife of the informant, narrated the incident to the informant. The informant went to the house of the appellant No.1 and gave understanding to him. At that time, the appellant No.1 abused the informant and threatened to kill him. The informant came back to his house.
4. It is stated that after some time, around 7.30 p.m., all the appellants gathered in front of the house of the informant and started abusing the informant and his family members. The informant, his wife Durga and his sons Akshay and Vicky came out of the house and tried to pacify the appellants. They tried to give understanding to the appellants and requested them not to quarrel with them. It is the case of the prosecution that at that time, appellant No.1 inflicted a blow with a knife on the chest of the informant below armpit. Durga, Akshay and one Suresh Hajare came to rescue the informant. Appellant Nos.2 and 3 inflicted the blows with the sticks on the head of Akshay and Suresh Hajare. They sustained injuries. Appellant No.1 assaulted Durga with a knife on her abdomen. Durga Sustained grievous injury. After hearing the hue and cry, the people gathered on the spot. The appellants, therefore, fled from the spot.
5. The informant, Akshay and Durga were taken to the Police Station in the injured condition by an auto. The Police Officer immediately sent them to the Government Hospital, Yavatmal. They were medically examined. The injury sustained by Durga was serious and therefore she was operated. The informant thereafter went to the Police Station Yavatmal City and lodged the report. The Police registered crime bearing No.402 of 2014 against the appellants under Section 307, 504, 506 r/w 34 of the Indian Penal Code.
6. Initially, the investigation, was conducted by PW-11 PSI, Anup Wakde. He visited the spot and prepared the spot panchnama. He collected the blood samples from the spot. He also seized the wooden log and one towel stained with blood from the spot. Further investigation was conducted by PW-12 Chandrashekhar Kadu. He arrested the appellants. D
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