Bhagwat S/O Rajaram Bondre vs The State Of Maharashtra
2017 Latest Caselaw 5801 Bom

                                                                                             CRI.APPEAL.295.03
                                                             1


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

                             CRIMINAL APPEAL NO. 295/2003

          Bhagwat  s/o Rajaram Bondre 
          Aged about  35 years,  occu: Cultivator 
          R/o Akola (Kd),  Tah.Jalgaon Jamod 
          Dist.  Buldana.                                                            ...       APPELLANT 

                     v e r s u s

          The State of Maharashtra 
          Through Police Station Officer 
          Police Station, Jalgaon Jamod 
          Dist. Buldana.                                                             ...       RESPONDENT

...........................................................................................................................
           Advocate for the appellant absent 
           Shri  S.B. Bissa,  Additional  Public Prosecutor for respondent-State
............................................................................................................................

                                                     CORAM: MRS.SWAPNA JOSHI, J.

                                                     DATED :     09th August, 2017

ORAL  JUDGMENT: 

The appellant/accused has preferred the present Appeal against

the judgment and order dated 17th March 2003 in Sessions Case No.95/1998

delivered by the learned Additional Sessions Judge, Khamgaon thereby

convicting the appellant under Section 324 of the Indian Penal Code and

sentencing him to suffer R.I. for one year and to pay a fine of Rs. 2000/-, in

default, to suffer further S.I. for three months. The learned Judge further

directed that out of the fine recovered, an amount of Rs. 1500/- be paid to

injured-Bhaskar Satav after the appeal period is over.

CRI.APPEAL.295.03

2. Heard Shri S.B.Bissa, the learned Additional Public Prosecutor for

respondent-State. The appellant and his counsel both remained absent. I have

carefully gone through the record with the assistance of learned A.P.P.

3. The learned APP contended that the learned Sessions Judge has

considered the testimony of the injured eye witnesses in its right perspective

and thereby rightly convicted the appellant/accused. He submitted that no

perversity or illegality is found in the judgment of the learned Sessions

Judge.

4. The prosecution case in brief is that, the complainant (PW1) is an

agriculturist. The complainant- Bhaskar Satav (PW 1) as well as the accused

are the residents of village Akola (Khurd), Tq. Jalgaon-Jamod, District

Buldana. On the date of the incident i.e. on 3.10.1998 in the morning, as

usual, the complainant went to his field and returned back at 4.00 p.m.

Thereafter he went in the village to watch the process of Goddess. After the

procession was over, while he was returning back home, he saw the

appellant selling illicit liquor in front of his house. He asked the appellant

not to sell the liquor as it was an occasion of festival of the Goddess in the

village. The complainant said that just 8 to 10 days prior to the date of the

incident, he had stood surety for him in the Police Station. The appellant

asked the complainant not to interfere in the matter. The complainant

thereafter returned to his house and went to take a bath in the open bath

room without walls, but it was surrounded by the toor stems. At that time,

CRI.APPEAL.295.03

the appellant came with iron bar in his hand and gave blow of it on his

head due to which the complainant sustained bleeding injury and he fell

down. The wife and mother of complainant rushed at that place and started

shouting. On hearing their shouts, the people residing in the adjoining

houses came to that place. The complainant was taken to the Police Station

Jalgaon-Jamod. Thereafter he was sent to Public Health Centre at Jalgaon

Jamod and from there he was shifted to General Hospital, Khamgaon for

further treatment. For about 7 to 8 days the complainant was hospitalized at

General hospital, Khamgaon. The statement of the complainant was recorded

by Tahsildar (Exh.15).

5. An offence was registered and the investigation agency came

into motion. The charge-sheet was filed. The charge was framed and the trial

commenced. The learned trial Judge examined in all 13 witnesses. The

defence witnesses were also examined. Learned Trial Judge came to the

conclusion that the appellant had committed the offence punishable under

Section 324 IPC and sentenced, as aforesaid.

6. So far the incident is concerned, the prosecution heavily relied

upon the testimony of PW1. According to PW1- Bhaskar Satav on 3.10.1998

at about 4.00 p.m. he went to the village to see the procession of Goddess

and while returning back he came across the appellant selling illicit liquor

infront of his house. The complainant told the appellant if the police would

come to know about it, they will get anoyed as he had stood surety for the

CRI.APPEAL.295.03

appellant just 8 to 10 days back. The complainant stated that when he went

to take a bath in the bath room, the appellant came with an iron bar in his

hand and gave a blow on his head due to which the complaint fell down.

His mother and wife came to that place and started shouting. On hearing

their shouts people gathered at their place. The complainant was taken to the

hospital. During the cross-examination, it is noticed that the testimony of the

complainant has not been shaken. Moreover, the testimony of PW1 is in

consonance with the contents of the FIR (Exh.15). There is nothing to doubt

the testimony of PW 1.

7. The prosecution further relied upon the testimony of PW 2-

Rukhmabai, who is the wife of the PW1. According to PW2 at about 4.00 to

4.30 p.m., her husband went to see the procession of the Goddess in the

village. At about 5 to 5.30 he returned back. She went inside the house and

came with the clothes of her husband. At that time, the appellant was standing

by the side of the bathroom. The appellant was having an iron bar with him.

When she was going towards the bathroom the appellant gave a blow on

the head of her husband. Therefore, she shouted loudly. At that time 2/3

persons gathered in front of her house. Due to the said injury her husband fell

down and he was taken to PHC Jalgaon Jamod for medical treatment. He

was then shifted to hospital at Khamgaon for treatment.

The testimony of PW2 corroborates with the version of PW1 and

it is not shattered in the cross-examination. There is nothing to disbelieve

CRI.APPEAL.295.03

the testimony of PW 1 and PW2.

8. PW 3- Bhaurao Thakare is the panch witness. He stated that on

5.10.1998 he was called by the police in the Police Station and another panch

witness namely Murlidhar was with him. He stated that the appellant was

present in the Police Station. PW 3-Bhaurao, another panch- Murlidhar and

the police went in a Government vehicle to Akola. They went to the house

of the appellant and at his instance, one iron bar which was kept in the

corner in his house was seized under Panchnama (Exh.18). It appears that this

panch has half-heartedly supported the case of the prosecution.

9. PW11-Bhausaheb Satpute, Investigating Officer, has specifically

stated that on 3.10.1998 the appellant made a voluntary statement and

showed his willingness to produce the iron bar which he had concealed in his

house. Accordingly the memorandum panchnama was recorded (Exh.30). The

appellant took the panchas and the Police to his house and produced an iron

bar from his house. It was taken charge of under seizure panchnama (Exh.18).

Thus, the Panch witness PW3 has not supported the prosecution case whole-

heartedly. So far as the memoradum Panchnma of the iron bar is concerned,

the seizure of iron bar at the instance of the appellant, has not been shattered

in the cross-examination of PW3. PW 4-Gajanan Bodade was examined on

the point of spot Panchnama. He has specifically stated about the seizure of

the iron bar and one glass from the bath room. Nothing incriminating was

found in the bath room, such as, blood, stones, etc.

CRI.APPEAL.295.03

10. So far as the medical evidence is concerned, the prosecution has

heavily relied upon the testimony of PW 12-Dr.Ujwala Patil. The said medical

officer has not examined the injured. However she identified the handwriting

and signature of the concerned Doctor i.e. Dr. Dewashish Agrwal who was not

available at the relevant time as he had gone abroad. According to PW 12

lacerated wound 2' x 1' deep was noticed. She further told that in the

another report i.e. Exh. 44 it was mentioned that the weapon was examined,

which was hard and blunt object and cause lacerated wound on the scalp. It

was stated that the injury caused to the injured was possible due to the article

no.4 -iron bar. It appears that Dr.Agrawal had referred the patient for X-ray

and it was mentioned in the certificate (Exh.43) that as per examination, x-

ray of scalp lateral view shows that there was no fracture to the scalp. From

the testimony of PW 11 it appears that the Doctor has not mentioned that the

injury was caused to the scalp. However from the further documents Exhs. 43

and 44 it is clear that the injury to the patient was caused on his scalp and,

therefore, the patient was referred for x-ray of the scalp. The testimony of

the witnesses is consistent, cogent and clear. The medical evidence

corroborates with the ocular testimony. The discovery of iron bar at the

instance of appellant strengthens the prosecution case. The C.A. Report reveals

the blood-stains on the cloth of the appellant. The defence winesses have

brought some new story on record i.e. about receiving the injury by PW1 due

to falling on stones. However, it is not believable and convincing.

CRI.APPEAL.295.03

11. On scrutiny of the testimony of the witnesses and the medical

evidence as well as the fact that the iron rod was taken charge at the instance

of the accused it appears that as there were altercation between the appellant

and the complainant on the point of selling liquor, the appellant had a

grievance about the said altercation and therefore he went to the house of the

complainant and assaulted him on his head. The medical evidence simply

shows that there was injury to the scalp. Considering the nature of the injury

it appears that the appellant had an intention to cause injury to the

complainant and, therefore, he assaulted him on his scalp. The learned Judge

has convicted the appellant considering the material on record and has rightly

convicted him. There is no evidence on record to show that the intention of

the appellant was to commit murder of the complainant but he had definitely

an intention to hurt the complainant. In view of the facts and circumstances of

the case it is held that the prosecution has proved its case beyond reasonable

doubt and in view thereof the appeal filed by the appellant deserved to be

dismissed. Hence the following order :-

ORDER:

I)       Criminal Appeal No. 295/2003 is  dismissed. 

2)       The judgment and order dated 17th March, 2003 passed by the learned 

Additional Sessions Judge, Khamgaon in Sessions Case No.95/1998 convicting

the appellant for an offence punishable under section 324 of the IPC and

CRI.APPEAL.295.03

directing him to undergo rigorous imprisonment for one year and to pay a fine

of Rs. 2,000/- in default, to suffer R.I. for further period of one month, along

with the fine amount, is maintained.

3) The appellant who is on bail, shall surrender to his bail bonds, within

four weeks, to serve out the remaining part of the sentence.

JUDGE

sahare