Taramati Mahadev Kolekar And ... vs The State Of Maharashtra
2023 Latest Caselaw 6464 Bom

                                      1                 959- CRA-90-23 Judgment.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                CRIMINAL REVISION APPLICATION NO.90 OF 2023

1.     Taramati Mahadev Kolekar,
       Age : 46 Years, Occ. Household,

2.     Vaishali Vishnu Edke,
       Age : 33 Years, Occ. Household,

3.     Akash Chandrakant Edke,
       Age : 25 Years, Occ. Legal Practitioner,

       All resident of Kolekarwadi,
       Osmanabad.                                .. Applicants
                                          (Orig. Accused No.5,7,8)

                 VERSUS

       The State of Maharashtra,
       Through Police Station Officer,
       Dhoki Police Station, Osmanabad.                 .. Respondent

                                  ...
                Advocate for Applicants : Mr. Mohit R. Deshmukh
                APP for Respondent: Mr. S. P. Deshmukh
                                      ....

                                 CORAM : S. G. MEHARE, J.

                                 DATE       : 07.07.2023

JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent of the

parties, heard finally.

2. It is revision against the order of learned Additional Sessions

Judge, Osmanabad passed below Exh. 35 in Sessions Case No.

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146/2021 dated 08.03.2023 rejecting the application for discharge.

3. The learned counsel for the applicants has vehemently

argued that one of the accused is a practicing lawyer. A false report has

been lodged though all accused have not played any role in the

offence and they have been arraigned as an accused. Even the women

were also not excused. Reading the first information report it is very

difficult to accept the prosecution case that the applicants had a

common object to commit the crime. He further argued that

considering the nature of the injuries suffered to the injured, it cannot

be said that it was an attempt to murder. On the basis of this

argument, he prayed to allow the application.

4. Per contra, the learned A.P.P. would submit that the facts reveal

that the present applicants had been to the house of the injured. They

were the winners of the village panchayat election. One of the co-

accused brought an axe from his house and assaulted the injured on

head. All the accused were present in front of the house of the injured

and they were members of unlawful assembly with common object to

commit the murder of the injured. The assault was made on the vital

part of the body. To attract Section 307 of the Indian Penal Code injury

is immaterial. The applicants had no reason to go to the

3 959- CRA-90-23 Judgment.odt

house of the injured after winning the election. The entire

circumstances reveal that there was sufficient material to frame the

charge and proceed with the matter against the applicants. The

impugned order is legal, correct and proper and does not warrant

interference.

5. The F.I.R which was read over by the learned counsel for the

applicant reveals that the applicant had been to the house of the

injured and one of the co-accused went to his home and brought an

axe and gave it to the another co-accused and he gave a blow on his

head. The applicants were eight in numbers. So prima facie it may be

presumed that they had formed an unlawful assembly. The place of

the incident was not a public place. The incident happened in front of

the house of the injured. It is also not the fact that the applicant and

the injured were neighbourers. They are resident of different locality.

Such a conduct of the accused reveals that the applicants were

prepared with to cause the injury to the injured. They have put their

intention into action by causing him injury. The learned A.P.P. has

rightly pointed out that for applying Section 307 of the Indian Penal

Code the injury is immaterial. The Court has to consider the papers

and documents from record to form an opinion that there is sufficient

4 959- CRA-90-23 Judgment.odt

material to frame the charges and proceed with the matter. After

having gone through the entire papers placed before this Court, the

conduct of the applicants, the forming of unlawful assembly, going to

the house of the victim/injured and using the weapon, is the sufficient

material supported with the medical evidence and recovery of the

weapons to believe that there is a sufficient material to frame the

charges. Whether the applicant had intention to kill the injured is a

matter of evidence to be decided during the course of the trial. The

Court has also gone through the impugned order of the learned

Additional Sessions Judge, Osmanabad and did not find any error on

the face of the record. The revision application devoid of the merits.

Hence it stands dismissed. No order as to costs.

Rule stands discharged.

( S. G. MEHARE ) JUDGE

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