Bombay High Court
Manohar S/O Pancham Bansod vs State Of Maharashtra on 28 July, 2017
Bench: V.M. Deshpande
apeal 70.03 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO. 70 OF 2003
Manohar S/o Pancham Bansod,
Aged about 43 years,
R/o Adpalli (Gogao),
District-Gadchiroli. ..... APPELLANT
...V E R S U S...
The State of Maharashtra,
Through its Police Station Officer,
Police Station Gadchiroli,
District-Gadchiroli. ...RESPONDENT
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Shri G.G.Bade, Advocate for appellant.
Shri N.B.Jawade,A.P.P. for State-respondent.
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CORAM:- V. M. DESHPANDE, J.
DATED :- JULY 28,2017
ORAL JUDGMENT
The appellant is convicted by learned Ist Ad-hoc
Additional Sessions Judge, Gadchiroli on 19/12/2002, in S.T.No.
61/1994 for the offence punishable under Section 324 of the
Indian Penal Code and is directed to suffer R.I. for three years and
to pay fine of Rs. 1000/- and in default of payment of fine he has
directed that the appellant to suffer further R.I. for three months.
2. Heard Shri G.G.Bade, learned counsel for appellant
and Shri N.B.Jawade, learned A.P.P. for State-respondent.
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3. The appellant was charged for the commission of
offence punishable under Section 307 of the Indian Penal Code.
As per the charge, on 8/3/1993 at about 9.30 a.m. at village
Adappalli he assaulted Madhukar Gosai Kannake(PW3) and
caused injury to him.
4. The learned trial Court in my view has rightly acquitted
the appellant of the offence punishable under Section 307 of the
Indian Penal Code.
5. Dr.Riyaz Ahamad S/o Sk. Chand Faruqi (PW1), the
medical officer of Civil Hospital Gadchiroli examined injured
Madhukar on 8/3/1993 and found following injury.
" Stab wound on the right third inter cestal space of
dimension of 1 cm. in length, ½ cm. Wide, depth
performating thoracic cavity".
According to doctor the injury is caused by sharp object.
Madhukar was injured patient till 19/3/1993. As per the evidence
of doctor (PW1) injury was not grievous. Since injury was not
grievous the learned Trial Court convicted the appellant for the
offence punishable under Section 324 of the Indian Penal Code.
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6. The assault on Madhukar stands duly proved in view of
consistent evidence of injured Madhukar(PW3) which is also
corroborated by eye witness Gopal Sadashiv Meshram(PW4).
There is nothing in their cross-examinations to show that their
evidence can be disbelieved.
7. The learned counsel for the appellant submitted that
the panch on the recovery panchnama has turned hostile and the
investigating officer is not examined by the prosecution therefore
the recovery is not proved. In the present case, injury is duly
proved. Further C.A.report(Exh.25) shows that there was human
blood on the clothes of the appellant. There is no explanation to
said incriminating circumstances by the appellant. Therefore, in
my view the conviction for the offence punishable under Section
324 of the Indian Penal Code is just and proper.
8. Now, so far as the sentence part is concerned the
learned Judge of the Court below has awarded jail sentence of
three years. The incident has taken in the year 1993. The
appellant was on bail when the present appeal was admitted by
this Court. Till today, no at any point of time any untoward
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incident has occurred. At the time of trial, the age of the appellant
was 43 years. The record shows that appellant was in jail for 10
days prior to culmination of the trial. Looking to these all
circumstances, I am of considered view that some leniency can be
shown in favour of the appellant. Hence, I pass the following
order.
ORDER
I) The appeal is partly allowed.
II) The conviction of the appellant for the offence
punishable under Section 324 of the Indian Penal Code
is hereby confirmed.
III) The appellant is sentenced to suffer R.I. for a period of
two months instead of three years as awarded by the
learned Court below.
IV) The appellant shall surrender to his bail bonds.
V) The learned Trial Court is directed to take appropriate
steps to procure the presence of the appellant to serve
out the remaining sentence.
JUDGE
Kitey
