IMPORTANT POINT
Important Point :
The court upheld the conviction for simple injuries under IPC, emphasizing the consistency of witness testimonies while extending probation to certain accused based on gender and age.

JUDGMENT :

(Abhay S. Waghwase, J.)

1. In instant appeal there is challenge to the judgment and order dated 31/01/2006, passed by learned 1st Adhoc Additional Sessions Judge, Parbhani, in Sessions Case No.187/2003, rendering judgment of guild against present appellants for offence punishable under Sections 147, 323 r/w 149 of Indian Penal Code.

PROSECUTION CASE IN BRIEF

2. In all seven accused were booked and charged by Bamani Police Station, Taluka Jintur, District Parbhani, on report lodged by PW3 alleging that he owns agricultural land. Accused No.1 Haribhau and Aba are his neighbours. They used to obstruct PW3 from cultivating land as they were interested in purchasing the same. They used to damage the ridge to persuade him to sell the land. On 21/05/2001, at around 11:00 a.m., accused persons came to his field and started damaging the ridge to which informant obstructed. As a result of which he and his son Prakash were beaten. Vishrantibai, Gokarnabai and Sumanbai intervened and they also suffered injuries. Therefore, informant approached Bamani Police Station and lodged report (Exhibit-61), on the basis of which crime was registered for offence punishable under Sections 147, 148, 326 r/w 149, 323 r/w 149 and 506 r/w 149 of I.P.C.

3. After investigation at the hands of PW8, accused were duly charge-sheeted and were made to face trial before learned 1st Adhoc Additional District Judge, Parbhani, vide Sessions Case No.187/2003. After appreciating the oral and documentary evidence, learned Trial Judge accepted the prosecution version and held accused Nos.1 to 7 guilty for offence punishable under Sections 147 and 323 r/w 149. However, except present appellants rest of the accused were given benefit of Probation of Offenders Act, vide judgment dated 31/01/2006. Appellants Tejrao, Shivaji, Anjanbai and Dagdabai have preferred instant appeal on various grounds mentioned in the appeal.

SUBMISSIONS On behalf of Appellants :

4. In brief, learned counsel for appellants pointed out that the occurrence is admittedly result of civil dispute. Parties are neighbours of each other. According to him, there is no convincing or legally accepted evidence in support of the accusation. He pointed out that merely by applying Section 149, prosecution story has been developed, which indicates that there is no legally acceptable evidence. That, there is no independent witness. He pointed out that accused Nos.5 and 6, in spite of being women, were not beneficiaries of Probation of Offenders Act, even when there are no criminal antecedents.

5. Learned counsel pointed out that learned Trial Judge in paragraph No.55 of it’s judgment is itself reached to the finding and conclusion that there is no evidence about use of any deadly weapon and even held that prosecution has failed to prove offence of Section 326 and 506, but still guilt has been recorded for offence punishable under Section 323.

6. Learned counsel took this Court through evidence of PW7 Medical Officer and would submit that injuries are merely abrasions and contusions and are simple in nature and could be possible in scuffle. There was no intention to commit offence. For all above reasons, he prays to extend the benefit of Probation of Offenders Act, even to accused Nos.5 and 6 as it has been extended to other accused. In the alternative it is submitted that, matter being decades old, he be let off on sentence already undergone.

On behalf of the State :

7. While opposing above appeal, learned APP submitted that there is cogent, reliable and convincing evidence. All injured are witnesses. They have deposed and crystalised the role of appellants. Medical evidence supports injured witnesses version and therefore, she supports the conviction rendered by Trial Court and prays to dismiss the appeal.

EVIDENCE BEFORE TRIAL COURT

8. The sum and substance of the evidence of seven witnesses examined by prosecution in support of its case, and their role and status can be summarized as under:

PW1 – Panch to Spot Pa