apeal.554.02.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.554 OF 2002
State of Maharashtra,
through Police Station Officer,
Police Station, Girad,
District Wardha. .... Appellant
-- Versus -
1] Kamlakar s/o Dajiba Bhure,
Aged about 22 years,
R/o Hiwara, Tahsil Samudrapur,
District Wardha.
2] Damodhar s/o Kisanrao Dekate,
Aged 27 years.
3] Laxman s/o Vithalrao Domewale,
Aged 21 years.
4] Bhaskar s/o Govindrao Domewale
Aged 21 years.
Res. No.2 to 4 r/o Sirshi,
Tahsil Samudrapur, District Wardha. .... Respondents
CRIMINAL APPEAL NO.560 OF 2002
State of Maharashtra,
through Police Station Officer,
Police Station, Girad,
District Wardha. .... Appellant
-- Versus -
::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 :::
apeal.554.02.jud 2
1] Kamlakar s/o Dajiba Bhure,
Aged about 22 years,
R/o Hiwara, Tahsil Samudrapur,
District Wardha.
2] Damodhar s/o Kisanrao Dekate,
Aged 27 years.
3] Laxman s/o Vithalrao Domewale,
Aged 21 years.
4] Bhaskar s/o Govindrao Domewale
Aged 21 years.
Res. No.2 to 4 r/o Sirshi,
Tahsil Samudrapur, District Wardha. .... Respondents
-------------
Shri I.J. Damle, Additional Public Prosecutor for the Appellant/State.
Shri R.B. Gaikwad, Advocate for the Respondents.
-------------
CORAM : KUM. INDIRA JAIN, JJ.
DATE : 31st MARCH, 2017. ORAL JUDGMENT :-
Both these appeals arise out of judgment and order dated 28/06/2002 passed by the learned Ad hoc Additional Sessions Judge, Wardha in Special Case No.4/1996. By the said judgment and order, accused have been convicted of the offence punishable under Section 324 read with Section 34 of the Indian Penal Code and sentenced to suffer till rising of the Court with ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 3 fine of Rs.300/- each, in default to suffer rigorous imprisonment for 30 days. The accused were, however, acquitted of the offences punishable under Sections 342, 504 and 506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocities Act' for short). 02] Being aggrieved by judgment and order of acquittal of accused under Sections 342 and 506 of the Indian Penal Code, State has preferred Criminal Appeal No.554/2002. Criminal Appeal No.560/2002 is also filed by the State for enhancement of sentence under Section 324 of the Indian Penal Code. 03] Prosecution case, as can be revealed from the charge- sheet and connecting papers thereto, may be stated in brief as under :
(i) Complainant Nana Jayram Irpate [PW-4] was residing at Hiwara-Hiwari, District Nagpur since 1991-92 along with his wife and children in the house of his mother- in-law Shewantabai Parchake. Before two months of ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 4 the incident, he shifted to his permanent place of residence.
(ii) Incident occurred on 13/04/1995 between 02:00 p.m. and 02:30 p.m. Complainant Nana had been to village Hiwara to meet his mother-in-law Shewantabai Parchake. As his mother-in-law was not available, he went to the field of Haribhau Ukre. According to the prosecution, accused entered in the field of Haribhau Ukre. They started abusing complainant Nana on his caste. Accused Kamlakar was alleging that Nana used to tease his niece and hurled abuses on that count. Accused then lifted Nana and took him to the field of Devendra Wandile. Accused tied hands and legs of Nana, started beating him by means of a wooden stick (Ubhari), fist and kick blows. Nana sustained multiple injuries to his legs, hands, chest and finger. Accused after assault, untied Nana and threw him away on Dhura of one Ramchandra Kumbhare and also threatened to kill the complainant. ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 5
(iii) On 14/04/1995, Nana went to Police Station, Girad and lodged report. Crime No.21/1995 came to be registered against the accused. Injured was referred to Primary Health Center, Girad. Investigation was taken over by PSI Hake. Investigating Officer visited the place of occurrence and recorded spot- panchnama. Wooden stick lying on the spot was seized in the presence of panch-witnesses. Statements of witnesses were recorded. On completing investigation, charge-sheet was submitted to the Court.
04] Charge of alleged offence was explained to accused vide Exh.19. They pleaded not guilty and claimed to be tried. Their defence was of total denial and false implication. It appears from the line of cross-examination that accused raised specific defence and submitted that complainant-Nana used to tease niece of accused Kamlakar and on that count Kamlakar has scolded Nana prior to the incident. Being annoyed with the same, Nana falsely implicated the accused.
::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 6 05] To substantiate the alleged guilt of accused, prosecution examined in all seven witnesses. Considering the evidence of prosecution witnesses and submissions made on behalf of the parties, trial Court came to the conclusion that offence under Section 324 read with Section 34 of the Indian Penal Code has been made out against the accused and to that extent, prosecution succeeded. So far as other offences are concerned, including offences under the Atrocities Act, trial Court negatived the charge and acquitted the accused. Being dissatisfied with the order of sentence awarded for the offence under Section 324 read with Section 34 of the Indian Penal Code and acquittal of the accused for the offences under Sections 342 and 506 of the Indian Penal Code, State has come up in these appeals.
06] Heard Shri I.J. Damle, learned Additional Public Prosecutor for State and Shri R.B. Gaikwad, learned Counsel for respondents. Perused reasonings recorded by the trial Court. On meticulous examination of evidence of the injured, eye witnesses and Medical Officer, this Court for below mentioned reasons finds that accused has been rightly acquitted of the ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 7 offences punishable under Sections 342 and 506 of the Indian Penal Code. The grievance regarding inadequate sentence for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code is also not sustainable in the eyes of law.
07] PW-4 Nana Irpate is injured-cum-complainant and a star witness for the prosecution. He states that on the day of incident, he had been to the house of his mother-in-law Shewantabai Parchake. She was not found and, therefore, he went to the field of Haribhau Ukre. He stated that accused persons entered the field, caught hold him and forcibly took him to the adjoining field of one Devendra Wandile. He also states that in the field of Devendra Wandile, accused tied his hands and legs by means of a rope and accused Kamlakar dealt blows with wooden stick (Ubhari) and other persons beat him by fist and kick blows. He stated that he was let free by the accused. Thereafter, having realized that he may die, accused persons left the spot. On the next day, he lodged report. He identifies the stick used by the accused in the assault.
::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 8 08] The evidence of injured Nana is corroborated by eye- witnesses PW-2 Pandhari Botre and PW-3 Rahul Walke. On assault, PW-2 Pandhari stated that all the four accused persons reached in the field of Ukre, lifted Nana, took him to another field belonging to one Devendra Wandile and beat him. The evidence of PW-3 Rahul is also on the same line. PW-5 Dr. Bhaurao Umate is Medical Officer, who examined the injured and found injuries on the hands and legs of the injured. Medical Officer opined that injuries might have been caused by hard and blunt object. Wooden stick has been seized from the spot. Though spot-panch does not support the prosecution and Investigating Officer has not been examined, there is no reason to disbelieve the evidence of complainant Nana on the manner of incident and the genesis of prosecution story given by him.
09] Regarding offences under Sections 342 and 506 of the Indian Penal Code, no clinching and cogent evidence on wrongful confinement and criminal intimidation is adduced. For want of sufficient evidence, trial Court has rightly concluded that offences under Sections 342 and 506 of the Indian Penal Code were not proved beyond reasonable doubt against the accused. ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 9 On the basis of evidence, findings recorded by the trial Court cannot be said to be unjust, improper or perverse. Considering the parameters laid down for interference in appeal against acquittal and well settled propositions of law in that regard, no interference in the order of acquittal for the offences punishable under Sections 342 and 506 of the Indian Penal Code is warranted here.
10] So far as quantum of sentence for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code is concerned, it is significant to note that incident occurred in the year 1995. Trial commenced in 2001 and concluded in 2002. Present appeals are being disposed of in the year 2017. Mental stress which respondents had to carry over a period of 22 years is not less than the stringent punishment prescribed for the offence punishable under Section 324 of the Indian Penal Code. Respondents have no criminal background. The reports show that their past antecedents are clean and clear. Considering the nature of offence, manner of incident, past antecedents of respondents and the period of around 22 years for which litigation had to travel this Court does not find that the ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 ::: apeal.554.02.jud 10 quantum of sentence can be termed as inadequate or insufficient.
11] In the above premise, both the appeals are found without substance and merits. Hence, the following order:
ORDER Criminal Appeal Nos.554/2002 and 560/2002 are dismissed with no order as to costs.
(Kum. Indira Jain, J.) *sdw ::: Uploaded on - 06/04/2017 ::: Downloaded on - 07/04/2017 00:26:12 :::