Bombay High Court
Prakash @ Mukund Gunwant Mane vs Piraji Venkat Pikale And Another on 21 February, 2023
Bench: V. V. Kankanwadi, Abhay S. Waghwase
907-CriAppeal-81-2023
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 CRIMINAL APPEAL NO. 81 OF 2023
PRAKASH @ MUKUND S/O GUNWANT MANE
VERSUS
PIRAJI S/O VENKATI PIKALE AND ANOTHER
.....
Advocate for Appellant : Mr. Sachin Subhash Panale
APP for Respondent No.2-State : Mrs. P. V. Diggikar
.....
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATED : 21 FEBRUARY 2023
PER COURT :-
1. We have heard learned Advocate for the appellant and learned
APP for respondent no.2-prosecution at the stage of admission.
Present appeal has been filed under Section 372 of the Code of
Criminal Procedure (Cr.P.C.) by the informant to challenge the
judgment and order passed by learned Additional Sessions Judge,
Udgir, District Latur in Sessions Case No. 5/2020.
2. Original accused faced trial for the offence punishable under
Sections 307, 327, 329, 504, 506 of the Indian Penal Code (IPC).
Prosecution examined in all 9 witnesses to bring home guilt of the
accused and after considering the evidence, the accused has been
907-CriAppeal-81-2023
acquitted from the offence punishable under Sections 307, 327, 329,
504 and 506 of IPC, however, convicted for the offence punishable
under Section 326 of IPC. He has been sentenced to suffer rigorous
imprisonment for five years and fine of Rs.15,000/-, in default to
suffer simple imprisonment for three months. Amount of Rs.10,000/-
out of fine amount of Rs.15,000/- has been given to the present
appellant as compensation.
3. At this stage, we heard learned Advocate for the appellant
taking into consideration the fact that in the incident, the injured lost
his left hand at wrist level, i.e. the amputation, and the other three
injuries were also on the hands. Prima facie we do not find that
offences under Sections 307, 327 and 329 of IPC have been made out.
However, while making submissions, learned Advocate for the
appellant also sought amendment to be carried out in view of the
scope of proviso to Section 372 of Cr.P.C. As per the said proviso, a
right has been given to the victim to challenge the acquittal of the
accused or conviction for a lessor offence or imposition of inadequate
compensation. So he wants to make amendment as regards the
compensation. He submits that when the left hand from the wrist
level was amputated in the incident and thereafter the accused i.e.
respondent no.1 had taken away the amputated part with him, the
907-CriAppeal-81-2023
learned trial Judge ought to have granted sufficient amount as
compensation to the appellant. In view of this oral prayer to grant
amendment, we allow the appellant to carry out said amendment in
the prayer clause as well as in the body of the appeal memo, if any.
4. We admit the appeal to the extent of added prayer only i.e. in
respect of amendment in respect of compensation.
5. Issue notice to the respondents. Learned APP waives service for
respondent no.2.
6. Notice of respondent no.1 is made returnable on 20.03.2023.
7. Call record and proceedings with paper-book.
[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]
vre
