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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

CRIMINAL APPEAL NO.328/2001

The State of Maharashtra

Through P.S.O.Police Station,

Yousuf Wadgaon,Dist.Beed.

.. APPELLANT

[ORIG.COMPLAINANT]

VERSUS

Prabhu s/o Dhondiba Mane,

Age 27 yrs, Occ-Agriculture

R/o Bansarola Tq. Kaij,

Dist.Beed.

.. RESPONDENT

[ORIG.RESPONDENT]

....

Shri S.G.Nandedkar,APP for Appellant-State.

Shri S.S.Chouhdari,Adv.for respondent-sole.

...

CORAM : T.V.NALAWADE,J.

DATE : 04/04/2012

ORAL JUDGMENT :

1]

The appeal is filed by the State to

challenge the judgment and order of Criminal

Appeal No.20/1987 given by Additional Sessions

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Judge, Ambajogai. The respondent who was

convicted for offence punishable under Section

325 of I.P.C. by the trial Court in Criminal

Case no.212/82 is acquitted by the Sessions

Court. The original record was called. Paper

book was prepared. Both sides are heard.

2]

The incident took place on 12/10/1982. The

complainant Kashibai had some dispute with

Baban Dhondiba mane in respect of agricultural

land. On the date of the incident, when

Kashibai was present in the field, Baban[Babya]

Mane,Dhondiba Mane, and Prabhu Mane came there

and they started assaulting Kashibai with

weapons like sticks and chain. Blow of a stick

was given by Prabhu, the respondent on right

hand of Kashibai and she sustained fracture

injury to right wrist. She sustained other

injuries also. Some persons like Laxman Mane

and Kisan Mane rushed to the spot to intervene

in the incident. In respect of this incident,

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report came to be given on the next day and the

crime came to be registered on the basis of

report given by Kashibai in Yousuf Wadgaon

Police Station, at Cr.No.102/82.

Police

referred Kashibai to Government hospital.

During investigation, spot panchanama was

prepared and statements of eye witnesses came

to be recorded. Charge sheet came to be filed

for offence punishable under Sections 323, 325

r.w. 34 of I.P.C. against aforesaid three

persons. All the accused denied the charge in

the trial Court.

Trial Court acquitted

Dhondiba but convicted Baban and Prabhu. This

decision was challenged in Sessions Court. The

Sessions Court acquitted present respondent and

Baban came to be convicted for offence

punishable under Section 323 of I.P.C. The

Sessions Court has considered the discrepancies

in the evidence of the two witnesses, the

conduct of Kashibai and also the previous

versions which amount to contradiction.

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3]

In the appeal, it was submitted for the

State that the evidence of Kashibai and the eye

witness is consistent on the point that blow of

stick was given by present respondent on the

right hand of Kashibai. It was submitted that

there is corroboration of medical evidence to

the evidence of Kashibai and so there was no

reason for Sessions Court to set aside the

conviction given against the respondent. The

learned counsel for respondent supported the

decision given by the Sessions Court.

4]

The fact that Kashibai had sustained

grievous injury and she was examined by

Dr.Sambhaji [P.W.5] in Government hospital is

not disputed. The evidence of the doctor and

the injury certificate show that there was

contusion over right forearm and it had caused

fracture of lower end of right alna. There were

three other injuries like abrasions of thigh

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and back. She was examined on 13/10/1982, that

is immediately after the registration of the

crime. Though the doctor has admitted that

such injuries can be caused in a fall,

considering the sites of the injuries given in

Exh.37, it does not look probable that such

injuries can be caused due to simple fall.

Session