Vishnumurti Venkatnarsayya ... vs State Of Maharashtra
2023 Latest Caselaw 754 Bom

                                                         1 of 2                   14-apeal-51-23


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPEAL NO. 51 OF 2023

                     Vishnumurti Venkatnarsayya Bairi                    ..Applicant.
                          Versus
                     The State of Maharashtra                            ..Respondent
                                                 __________
                     Ms. Suvarna Avhad-Vast i/b. Prakash Salsingikar for Applicant.
                     Smt. M. R. Tidke, APP for State/Respondent.
                                                 __________
                                            CORAM : SARANG V. KOTWAL, J.

DATE : 20 JANUARY 2023 PC :

1. Admit.

2. Call Record and proceedings with paper books.

3. I have perused the impugned Judgment and the

evidence annexed to this Appeal. The victim in this case is PW-2.

He has deposed that, on 13/11/2014 there was a quarrel between

his cousin Wilson and the Appellant. When PW-2-victim tried to

intervene, the Appellant gave a blow with an iron rod on his left

cheek. PW-2 became unconscious. The Appellant then assaulted

him with the iron rod on his both legs. PW-2 was admitted in the

hospital for one and half months. The medical evidence in the Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

2023.01.21 12:48:37 +0530 Gokhale 2 of 2 14-apeal-51-23

form of PW-5 Dr. Jitendranath Khanna shows that, PW-2 was

operated. There were two fractures to his lower jaw. He had

sustained injury on the left side of his face. He had suffered

bleeding from his nose and throat. The mandibular part was

fractured and he was unconscious for about 18 hours. Learned

Trial Judge acquitted the Appellant from the charges of

commission of offence punishable U/s.307 r/w. 34 of the I.P.C., but

convicted him for commission of offence punishable U/s.326 of the

I.P.C. and was sentenced to suffer R.I. for three years and to pay a

fine of Rs.5000/- and in default of payment of fine to suffer S.I. for

one month. Considering the nature of injuries, this sentence

awarded appears to be too less.

4. Therefore, issue notice for enhancement of the sentence.

5. By a separate order, bail is being granted to the

Appellant pending his Appeal. This notice of enhancement of

sentence be served on him on his execution of fresh bail bond

before the trial Court.

(SARANG V. KOTWAL, J.)