Bombay High Court
Sambhaji Baburao Pawar And Antoher vs The State Of Maharashtra And Another on 18 December, 2023
Author: R. G. Avachat
Bench: R. G. Avachat
2023:BHC-AUG:26799-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4506 OF 2023
1. Sambhaji S/o. Baburao Pawar,
Age : 58 years, Occu. Agri.,
R/o. Amdura Tq. Mudkhed, Dist.: Nanded.
2. Gandhiji S/o. Baburao Pawar,
Age : 44 years, Occu. Agri.,
R/o. Amdura Tq. Mudkhed, Dist.: Nanded. .. Applicants
Versus
1. The State Of Maharashtra
2. Raju @ Rajaram S/o. Vishwambar Naikwade,
Age : 36 years, Occu.: Business,
R/o. Amdura Tq. Mudkhed, Dist.: Nanded. .. Respondents
Mr. Bharat N. Gadegaonkar, Advocate for the Applicants.
Ms. R. R. Tandale, APP for Respondent/State.
CORAM : R. G. AVACHAT AND
SANJAY A. DESHMUKH, JJ.
DATE : 18th DECEMBER, 2023.
PER COURT :-
. Heard.
2. This application has been filed for quashment of the conviction
recorded for the offence punishable under Sections 324, 323 r/w
Section 34 of the Indian Penal Code (for short "I.P.C.").
3. The applicants were prosecuted for the offence punishable under
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Section 307 r/w allied offences. On trial made by the Sessions Court
they have been convicted for the offence. The applicant No. 1 has been
convicted for the offence punishable under Section 324 of the I.P.C. and
applicant No. 2 suffers conviction for the offence punishable under
Section 323 of the I.P.C. Their appeal against conviction is pending in
this Court. The order of conviction is of 28.04.2008.
4. The learned advocate on instructions informs that, the State has
not preferred any appeal against acquittal of the applicants of the
offence punishable under Section 307 of the I.P.C. and other offences
which they were charged.
5. The informant was the only victim. The applicant No. 1 is
sentenced to suffer rigorous imprisonment for three (03) years and
applicant No. 2 is sentenced to suffer rigorous imprisonment for one
(01) year with fine. Now the parties have settled the matter.
6. The informant victim is present before the Court. He is also
represented by learned advocate. He gives express consent to allow
this application.
7. The learned A.P.P. has strong objection to allow the application.
The learned A.P.P. submits that the sword was used in commission of
offence. It was offence against the society. The victim has no locus
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now to settle the matter.
8. We have considered the submissions advanced by the learned
A.P.P. Since the conviction is for the offences punishable under Sections
324, 323 of the I.P.C., we need not refer to the Apex Court judgments
endorsing compromise between victim and the convicts and setting
aside the order of conviction.
9. Since it is conviction under Sections 324, 323 of the I.PC. and
while, initially Section 307 of the I.P.C. was not invoked, the present
applicants were behind the bar for some days and now in view of the
express consent given by the victim himself we allow this application in
terms of prayer clauses (B) and (C).
10. The applicants thus stand acquitted of the offences punishable
under Sections 324, 323 of the I.P.C. respectively. The order of
conviction stands set aside subject to cost of Rs. 10,000/- (Rs. Ten
Thousand only) each to be paid to the Advocate Bar Library.
11. The criminal application is disposed of.
( SANJAY A. DESHMUKH ) ( R. G. AVACHAT )
JUDGE JUDGE
P.S.B.
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