State Of Mah.Thr.Pso Wardha vs Shamrao Dadoji Garse And 5 Others
2017 Latest Caselaw 2509 Bom

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

                    CRIMINAL APPEAL NO.256 OF 2006



State of Maharashtra,
Through Police Station Officer,
Wardha, Tq. and District Wardha.              ..                 APPELLANT


       //Versus//


1. Shamrao s/o. Dadoji Garse,
   Aged about 38 years.
2. Sanjay s/o. Janrao Moon,
   Aged about 30 years.
3. Prakash s/o. Shrawan Thool,
   Aged about 26 years.
4. Deepak s/o. Shrawan Thool,
   Aged about 26 years.
5. Sudhir Ramchandra Teltumde,
   Aged about 26 years.
6. Munna @ Vinod Arun Devgade,
   Aged about 27 years.

  Accused Nos. 1 to 5 r/o. Master
  Colony, Wardha and Accused No.6
  r/o. Bhimnagar, Wardha, Distt.
  Wardha.
                                               ..               RESPONDENTS


-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
         Mr.A.R.Chutke, A.P.P. for Appellant/State.
         None for the Respondents/Accused.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-



                                      CORAM : B.R.GAVAI &
                                              N.W.SAMBRE, JJ.

DATED : May 11, 2017.

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ORAL JUDGMENT (Per N.W.Sambre, J) :



1.            Heard            Mr.A.R.Chutke,     learned      A.P.P.         for          the

Appellant/State.               None     appears      on       behalf          of           the

respondent/accused.

2. In Sessions Trial No.13 of 2003, the learned Sessions

Judge, Wardha acquitted the respondents/accused of the offences

punishable under Sections 147, 148, 307 and 341 r/w. 149 of the

Indian Penal Code. As such, the present appeal.

3. The prosecution case, as it appears from the record, is

on March 29, 2002, victim Jahir Ali Saheb Ali was proceeding

towards the Railway quarter, the accused persons being armed

with weapons like Spear, Sword, sticks and iron rods, assaulted

him, resulting into registration of the crime in question. Victim Jahir

Ali was rushed to the hospital on March 30, 2002 and the accused

came to be arrested on April 12, 2002. After the investigation was

over, charge sheet came to be filed and the charge came to be

framed against the accused persons. In support of the prosecution

case, prosecution has examined in all eleven witnesses, of whom

witness Subhash @ Goga Ramdas Pal (PW-8) claims to be an eye

witness to the incident.

4. The said witness Subhash @ Goga Pal (PW-8) claims that

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he has witnessed the incident in question in the street lights and

further claims that he hospitalised the victim with the help of one

Bandu Kadam who owns an auto.

5. In the afore-said background, after appreciating the

evidence of the witnesses, the Court below acquitted the accused.

As such, the present appeal.

6. Mr.A.R.Chutke, learned A.P.P. for the appellant/State

would urge that the evidence of eye witnesses is discarded by the

learned Court below without assigning any reasons. According to

him, discovery and recovery of weapon is from the open space, still

the same has to be accepted as a lawful discovery under Section

27 of the Evidence Act. In addition, he would try to prevail upon

the Court to re-appreciate the entire evidence so as to submit that

the view expressed by the learned Sessions Judge is not a possible

view and acquittal of the accused is required to be reversed.

7. The learned Counsel for the respondents/accused is

absent.

8. What could be gathered from the record is blood groups

of victim Jahir Ali and the accused persons, particularly on the

clothes which were found to be blood stained and on the weapons

could not be determined.

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9. Apart from the above evidence of panch witnesses,

particularly as regards recovery of weapon, if analysed, it is to be

noted that recovery of weapon is from various public places; that

too, after lapse of substantial time after the date of incident.

10. Of the nature of injuries, two are lacerated wounds, one

of which is found over the scalp. However, there is no fracture

noticed on the scalp of victim Jahir Ali.

11. The cumulative effect of the overall evidence, as is

brought on record, upon analysis, takes this Court to the conclusion

that the view expressed by the learned Sessions Judge appears to

be a possible view and cannot be termed as an impossible view.

12. The scope of interference in the appeal against acquittal

is very limited. In absence of any perversity or illegality, once

having noted that the view expressed by the learned Sessions

Judge is a plausible view, in our opinion, no case for interference is

made out. The appeal, as such, fails. Hence, it is dismissed.

                               JUDGE                       JUDGE



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