Bombay High Court
Suresh Bhauraoji Kudmate vs The State Of ... on 15 June, 2017
Bench: V.M. Deshpande
Criminal Appeal No. 319-2001(15-6-2017) 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO. 319 OF 2001
Suresh S/o Bhauraoji Kudmate,
Aged about 42 years,
Occupation-Labour,
Resident of Fatepur,Tahsil-Deoli,
District-Wardha. .....APPELLANT
...V E R S U S...
State of Maharashtra,
through P.S.O.P.S. Pulgaon,
Pulgaon. ......RESPONDENT
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Shri R.M.Parwardhan, Learned Advocate for appellant
Shri R.S.Nayak, Learned A.P.P. for State/respondent.
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CORAM:- V. M. DESHPANDE, J.
DATED :- JUNE 15,2017
ORAL JUDGMENT
By the present appeal, the appellant has questioned his
conviction recorded against him by Additional Sessions
Judge,Wardha dated 14/9/2001 in S.T.No.21/1994 by which he
was convicted for the offence punishable under Section 307 of the
Indian Penal Code and was directed to suffer R.I. for 3 years and
to pay a fine of Rs. 1000/- and in default of payment of fine to
suffer further R.I. for 4 months.
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Criminal Appeal No. 319-2001(15-6-2017) 2
The appellant was also charged for the offence
punishable under Section 498-A of the Indian Penal Code,
however from the said charge the appellant was acquitted.
2. According to prosecution case, the appellant tried to
commit murder of Smt. Chandrakala his wife by strangulation
with the help of dupatta.
3. During the pendency of the present appeal an affidavit
was filed on behalf of Smt.Chandrakala, the wife of victim that
after the incident she is staying with the appellant and leading
peaceful life. It is also affirm by her in affidavit that after the
incident she is blessed with two sons by name Mangesh and
Umesh.
4. On last occasion when this affidavit was brought to
my notice, I directed that Smt.Chandrakala should remain present
before this Court. Accordingly today Chandrakala W/o Suresh
Kudmate is present. She is duly identified by Shri
R.M.Patwardhan, learned counsel appearing for appellant. I
personally put some questions to her and from answers which she
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Criminal Appeal No. 319-2001(15-6-2017) 3
has given to me it is clear that after the incident she is leading
happy married life with appellant Suresh and that she has
begotten two sons as mentioned in affidavit from appellant
Suresh.
5. The Apex Court in two decisions namely Gian
Singh..vs..State of Punjaba and another reported in
(2012)10SCC303 and Narinder Singh and others..vs..State of
Punjab and another reported in 2014(4)SCALE 195 has ruled
that Court has power to compound even non-compounding
offences if the Court is satisfied that the case does not pertains
with any public involvement or public safety.
6. It is a dispute between husband and wife. In view of
that matter without going to the merits of the matter and in view
of the fact that the appeal is a continuation of the proceeding I feel
that in order to do complete justice in the matter ,the judgment
and order of conviction needs to be set aside. Accordingly, the
judgment and order of convicting the appellant is set aside.
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Criminal Appeal No. 319-2001(15-6-2017) 4
O R D E R
i. Appeal is allowed.
ii. The judgment and order of conviction passed by
Learned Additional Sessions Judge, Wardha dated
14/09/2001 in S.T. No. 21/1994 convicting the
appellant for offence punishable under Section 307 of
Indian Penal Code is hereby quashed and set aside.
iii. Appellant is acquitted from the offence punishable
under Section 307 of Indian Penal Code.
iv. His bail bonds stand discharged.
JUDGE
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