Radheshyam Bhayyalal Lilhare vs State Of Maharashtra Through ...
2016 Latest Caselaw 5563 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH AT NAGPUR




                                                                                        
                         CRIMINAL REVISION NO.122/2011




                                                                
          Radheshyam Bhayyalal Lilhare, 
          aged 60 years, Occ. Cultivator, 
          r/o Mahalgaon, Police Station, 
          Dauniwada, Tq. Tirora, Dist. Gondia                    .....APPLICANT




                                                               
                                   ...V E R S U S...

          State of Maharashtra, through




                                                
          Police Station Officer, Dauniwada, 
          Tq. Tirora, Dist. Gondia
                              ig                                 ...NON APPLICANT

     -------------------------------------------------------------------------------------------
     None for the applicant.
                            
     Ms Ttrupti Udeshi, A.P.P. for non applicant-State
     -------------------------------------------------------------------------------------------
                                                  CORAM:- V. M. DESHPANDE, J.

DATED :- 26.09.2016

ORAL JUDGMENT

1. None for the applicant. Heard Ms T. Udehsi, learned

A.P.P. for the State and with her able assistance I have gone

through the record and proceedings of the appellate Court.

2. The applicant was convicted by the learned Judicial

Magistrate First Class, Tirora in Regular Criminal Case

No.130/1998 for the offence punishable under Section 324 of the

Indian Penal Code by judgment and order of conviction dated

06.12.2006. The applicant was sentenced by the learned

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Magistrate to suffer rigorous imprisonment for six months and to

pay a fine of Rs.100/-, in default to suffer simple imprisonment for

15 days.

The appeal carried by the applicant was registered as

Criminal Appeal No.2/2007. The learned Ad hoc Additional

Sessions Judge, Gondia by judgment dated 22.06.2011, confirmed

the order of conviction by dismissing the appeal. After dismissal of

the appeal, the appellant was taken into custody on 22.06.2011.

He moved an application along with the present revision for bail

and this Court had, on 14.09.2011, granted bail by suspending the

substantive jail sentence.

3. The injured is Godavari Lilhare (PW1). The incident in

question occurred on the pretext of tying of cows. House of the

present applicant is adjacent to the house of the injured. When

the injured was tying her cows, she was obstructed by the present

applicant. At that time, she was assaulted by the applicant by

means of Tamboli (a type of axe), due to which, she suffered

injuries on the middle finger of her. The prosecution has also

examined her close relative. She has also supported the injured.

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4. The injured was examined by Dr. K. R. Tiwari (PW10)

at Primary Health Centre, Dawaniwada. He noticed the following

injuries:

"1. Left hand finger (first finger) was seen cut off by ½ inch. Tenderness of soft tissue on same finger.

2. Second finger (middle finger) was also seen with cross cut having size ½ inch. Tenderness was present near the injury."

The injury certificate is at Exh.-26. During the course

of examination, the Medical Officer has admitted that the injuries

as mentioned in the injury certificate are possible if anyone tried

to hold with fist an axle hand. In view of this, the suggestion

given to the injured that she suffered injuries while tying cows,

assumes importance. No independent witness is examined by the

prosecution though available. In that view of the matter and

looking to the fact that the injuries can be occurred while tying the

cows as per the version of the Doctor, I am of the view that a

lenient view has to be taken in favour of the applicant.

5. In the result, the revision is allowed. The impugned

judgments and orders of sentence passed by the learned J.M.F.C.

Tirora in Regular Criminal Case No. 130/1998 and learned Ad hoc

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Additional Sessions Judge, Pusad in Criminal Appeal No.2/2007

dated 22.06.2011 are quashed and set aside. The applicant is

acquitted of the offence punishable under Section 324 of the IPC.

His bail bonds stand cancelled.

Fine amount, if any paid by the applicant, shall be

refunded to him.

                              ig                    JUDGE


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Uploaded by: Y. A. Kahale. Uploaded On:27.09.2016