The court upheld the conviction under IPC Sections 326 and 324, emphasizing the credibility of injured witnesses and the sufficiency of evidence despite the absence of independent corroboration.

JUDGMENT :

Abhay S. Waghwase, J.

1. In this appeal, there is challenge to judgment and order of conviction dated 04-03-2006 rendered by III Adhoc Additional Sessions Judge, Osmanabad in Sessions Case No.46 of 2001 holding present appellants guilty for offence under Sections 326 and 324 of the Indian Penal Code (IPC) respectively.

CASE OF PROSECUTION IN BRIEF

2. On 30-05-2000, when informant Mahavir and his brother Dattatraya were digging a pit for laying water pipeline for their house, at that time, accused Balu Laxman Nikam and Bapu Gorakh Nikam came armed with articles like sword and sickle. Previous to the incident in question, there was heated exchange of words and altercation between appellants and informant. Accused Balu, who was armed with sword, gave blow on the head of informant and when his brother Dattatraya came to his rescue, accused Bapu hit him on hand by sickle causing both of them bleeding injuries. They initially visited hospital at Mankeshwar and thereafter, when Police came to the hospital, PW1 Mahavir gave statement on the basis of which, crime bearing no.37 of 2000 was registered and the same was investigated by PW9 Dhone (API).

Trial was conducted by learned III Adhoc Additional Sessions Judge, Osmanabad vide Sessions Case No.46 of 2001, who on appreciating oral and documentary evidence, held charges proved against accused nos.1 and 2 for offence under Sections 326 and 324 of the Indian Penal Code respectively.

SUBMISSIONS

On behalf of appellants :

3. Learned Advocate for the appellants pointed out that story of the prosecution is not substantiated. According to him, only interested witnesses are examined. That injured witnesses, though named in the evidence and FIR, they are not examined. That it was essential on the part of the prosecution to examine injured witnesses as there was previous enmity. He pointed out that even otherwise witnesses are not supporting each other and rather contradicting each other. He pointed out that account of injured witnesses is not finding support from very medical evidence. Coupled with above discrepancies, learned Counsel submitted that there is delay in filing complaint. That alleged eye witnesses are also not examined and therefore, with such quality of evidence, leaned Counsel submits that learned trial Court ought not to have accepted prosecution case as proved and ought not to have held appellants guilty.

On behalf of State :

4. Supporting the impugned judgment and praying to dismiss the appeal for want of merits, learned APP pointed out that admittedly there was previous quarrel, however, on the relevant day, incident had taken place in the afternoon. That after visiting hospital, FIR has been lodged in the same evening and therefore, there is no delay. Learned APP pointed out that occurrence has taken place in broad day light. That two brothers are assaulted by means of articles like sword and sickle. That injuries inflicted are on the vital parts like head and hand. That there is imputation of finger. Thus, there is use of deadly weapon. That medical expert, who examined and treated injured is also examined. That independent witness, who saw the incident, is also examined and therefore, according to learned APP, there is overwhelming evidence regarding the occurrence. That testimonies of none of the witnesses are rendered doubtful. Therefore, testimonies have not been shaken or disturbed in any manner on the point of occurrence and hence, according to her, there is no infirmity or perversity in the appreciation of evidence and conclusion reached at by the trial Court and so she prays to dismiss the appeal.

WITNESSES IN TRIAL COURT

5. In support of its case, prosecution has adduced evidence of in all ten witnesses. Their status and role is as under :

PW1 Mahavir Machindra Nikam is informant and injured. His evidence is at exh.27.

PW2 Dattatraya Machindra Nikam is brother of informant. He is injured witness. His evidence is at exh.29.

PW3 Santosh Sahebrao Gund is eye witness. Hi