Bombay High Court
Ranjitsing Laxmansing Rajput vs The State Of Maharashtra on 18 August, 2022
Bench: Prakash Deu Naik
Ethape 1 14-REVN-257-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 257 OF 2019
Ranjitsing Laxmansing Rajput ...Applicant
Versus
The State Of Maharashtra & Anr. ...Respondents
....
Mr. Hemant Ghadigaonkar i/by Mr. Hitendra Gandhi, Advocate
for the Applicant.
Digitally signed
by
Mr. Sandesh More for respondent No.2.
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.08.20
09:55:27 +0530
Mr. Arfan Sait, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 18th AUGUST, 2022
PC :
1. The applicant has been convicted for ofences
punishable under Sections 279 and 337 of the Indian Penal
Code and sentenced to sufer imprisonment for one month
on each count. He was also sentenced to pay Rs.500/- on
each count. Vide judgment and order dated 28.01.2015
passed by learned JMFC, Pandharpur in Summary Trial Case
No. 463 of 2013.
2. The judgment of the trial Court was challenged by the
applicant before the Sessions Court at Pandharpur by
preferring Criminal Appeal No. 9 of 2015. The said appeal
Ethape 2 14-REVN-257-2019.doc
was dismissed vide judgment and order dated 26.12.2018
and the conviction was confrmed.
3. This Revision Application was preferred challenging
the judgment passed by trial Court as well as Appellate
Court.
4. Learned counsel for the applicant and respondent
jointly submitted that the dispute has been settled between
parties at the instance of the victim /injured/complainant.
The accident claim proceedings were initiated before the
Motor Accident Claim Tribunal (for short 'MACT') vide MACT/
13/2014. During pendency of the said proceedings, consent
terms were fled before the tribunal vide exhibit-26 and it
was agreed that the amount of Rs.1,25,000/- is to be given
to the victim/injured. In view of the consent terms, the
proceedings before the MACT were disposed of.
5. The husband of the victim had preferred intervention
application in the present revision application since the
victim/injured had expired after the proceedings before the
MACT were disposed of.
6. The intervention application was allowed and the
revision applicant was directed to implead husband of
victim as respondent No.2. Learned counsel representing
Ethape 3 14-REVN-257-2019.doc
respondent No.2 has confrmed the fact that the parties
have resolved the dispute, in view of the consent terms. It
is only in the circumstances that the wife of respondent
No.2 has passed away, the respondent No.2 has remain
present before this Court to support the prayers in this
application. Respondent No.2 has fled afdavit dated
04.08.2022 supporting the application.
7. Considering the aforesaid circumstances, this
application can be allowed.
ORDER
(i) Criminal Revision Application No. 257 of 2019 is
allowed.
(ii) Impugned judgment and order dated 28.01.2015
passed by learned JMFC, Pandharpur in STC. 4463 of 2013
convicting the revision applicant for ofences punishable
under Sections 279 and 337 of IPC and sentencing him to
sufer simple imprisonment on each count and to pay fne
of Rs. 500/- on each count as well as judgment and order
dated 26.12.2018 passed by Extra Joint Additional Sessions
Judge, Pandharpur in Criminal Appeal No. 9 of 2015
dismissing appeal and confrming the judgment of trial
Court are set aside and the revision applicant is acquitted
Ethape 4 14-REVN-257-2019.doc
for ofences under Sections 279 and 337 of IPC.
(iii) Revision Application No. 257 of 2019 stands disposed
of.
(iv) Learned advocate appearing for respondent No.2 is
permitted to fle vakalatnama within one week from today.
(PRAKASH D. NAIK, J.)
