2011(1) Crimes 455 (Bom.)
SHORT NOTE
BOMBAY HIGH COURT
S.S. Shinde, J.
Shivaji —Appellant
versus
State of Maharashtra —Respondent
Criminal Appeal No. 437 of 1999
Decided on 25.1.2011

Headnote:Indian Penal Code, 1860—Section 325—Appellant with other accused, his brothers were tried for offences under Sections 147, 148, 302/149 IPC but trial Court convicted appellant alone under Section 325 IPC and sentenced him to three years imprisonment—Accused persons were beating their father and deceased, maternal cousin of appellant intervened to save his maternal uncle, appellant assaulted deceased with wooden stump when other accused caught hold of him—Deceased died in Hospital and cause of death was ‘Cardio respiratory failure due to fracture of spine with spinal shock and due to rupture of lever—PW1, brother of deceased and PW2 were eye-witnesses of occurrence —Their evidence was consistent and nothing in their cross-examination suggested to disbelieve them —Fracture of cervical spine injury was possible by wooden stump if assault was in neck region—Fracture of spine could be attributed to appellant but there was no evidence to suggest that appellant was responsible for rupture of liver—Conviction was not liable to be interfered with—Sentence—Incident was of 1994 and it occurred all of a sudden—Sentenced deserved to be reduced to period undergone which was about five months—Fine however, enhanced to Rs. 10,000 from Rs. 1,000. (Paras 8 to 13)