Bombay High Court
Bhaskar Bhujangrao Navpute vs The State Of Maharashtra on 19 June, 2023
Bench: V. V. Kankanwadi, Abhay S. Waghwase
11-appln-738-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.738 OF 2023
IN CRIMINAL APPEAL NO.141 OF 2023
1. Bhaskar Bhujangrao Navpute
Age: 48 years, Occu.: Agri.,
2. Ram @ Rambhau Baburao
@ Babasaheb Navpute
Age: 25 years, Occu.: Agri.,
Both R/o. Ghardon,
Tq. And Dist. Aurangabad. .. Applicants
Versus
The State of Maharashtra .. Respondent
...
Mr. Satej S. Jadhav, Advocate for applicants.
Mr. S. J. Salgare, APP for the respondent - State.
...
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATE : 19th June, 2023.
ORDER :-
. Present application has been filed for suspension of sentence by
original accused Nos.4 and 5, who have been convicted by learned
Additional Sessions Judge, Aurangabad on 27.01.2023 in Sessions Case
No.104 of 2022 after holding them guilty of committing offence punishable
under Sections 302, 307 read with Section 149 of Indian Penal Code.
(1)
::: Uploaded on - 19/06/2023 ::: Downloaded on - 21/06/2023 13:17:31 :::
11-appln-738-2023.odt
2. Heard learned Advocate Mr. Satej S. Jadhav for the applicants and
learned APP Mr. S. J. Salgare for the respondent - State. With the able
assistance of learned Advocate for the applicants and learned APP, we have
gone through the evidence, which was before the learned Trial Judge.
3. At the outset, it is to be noted that as per the prosecution story the
target of the accused persons was P.W.5 Vikram and it is stated that the
accused persons had gone to his house around 8.00 p.m. on 26.06.2021. It
appears that around 7.00 p.m. on the same day, one of the accused i.e. Ravi
Navpute had given a phone call to Deepak Navpute and asked him as to
why the tractor was taken from his field. At that time, Deepak had handed
over the phone call to P.W.1 Gorakh and then there was talk between him
and accused Ravi Navpute, still it appears that the accused had gone to the
house of Vikram. It has come on record that P.W.1 Gorakh and P.W.5 Vikram
reside separately, but in the same village. It has also come on record that
the deceased is the father of P.W.1 and P.W.5 residing in the third house in
the same village. It is then stated by P.W.1 Gorakh and P.W.5 Vikram that
the accused persons had firstly assaulted P.W.5 and after hearing the noise
when P.W.1 Gorakh went there, he was assaulted. The assault was on their
head. Then P.W.1 Gorakh says that after he received the assault, he went
from that place running towards his house and there, their father requested
the accused persons not to assault all of them, but accused persons
(2)
::: Uploaded on - 19/06/2023 ::: Downloaded on - 21/06/2023 13:17:31 :::
11-appln-738-2023.odt
assaulted deceased with iron rod, iron locking pin (locally called as ' f'koGk')
and wooden log. After became unconscious, he was taken to police Station
and then by giving Yadi he was brought to Ghati Hospital, Aurangabad, but
he was then declared dead. It is then stated that applicant No.1 had
assaulted the lady members of the family and he was under the influence of
liquor at that time.
4. It has come on record that the deceased had suffered paralytic attack
and according to the defence, he was unable to move. The learned
Advocate appearing for the appellants is laying hands on the contradictions
and omissions and submits that the present applicants, even as per the
testimony of the eye witnesses, never went to the place where deceased
was allegedly assaulted. The injured have received simple injuries. Except
the family members and interested witnesses, nobody else has been
examined by the prosecution to bring home the guilt of the accused. The
present applicants were on bail throughout the trial. Since the appeal is
admitted, they deserve to be released on bail with this kind of evidence.
They are ready to abide by the terms of the bail.
5. Per contra, the learned APP strongly opposed the application and
supported the reasons given by the learned Trial Judge. The age of the
deceased was 65 years and it is admitted that he had suffered paralytic
(3)
::: Uploaded on - 19/06/2023 ::: Downloaded on - 21/06/2023 13:17:31 :::
11-appln-738-2023.odt
attack. In spite of it, he was brutally assaulted. The postmortem report
would show that he had received 20 external injuries. To the injured
persons also the injuries were on the vital part i.e. head and the weapons
those were used are iron rod, iron locking pin and wooden log. Therefore,
the evidence that was adduced was sufficient to hold that the present
applicants were the members of the unlawful assembly and with their
common object, they had attacked the deceased and his family members.
6. At the outset, it is to be noted from the operative part of the
judgment that at one place the learned Trial Judge is invoking Section 149
of Indian Penal Code to convict the accused persons and it is used for the
offence punishable under Section 302 as well as Section 307 of Indian
Penal Code, but at the same time he has acquitted the accused persons
from the offences punishable under Sections 143, 147, 148 of Indian Penal
Code as well as Section 149 of Indian Penal Code also in clause (2) of the
operative order. Another point which tilts in favour of the applicants is that
they were on bail throughout the trial. Further, it appears that the accused
persons allegedly went to the house of Vikram first and it has come in the
cross-examination of P.W.1 and P.W.5 that there are houses in between their
houses as well as the house of deceased. Both the injured eye witnesses
have admitted that their father had suffered paralytic attack in 2015. Of
course, they have denied the suggestion that the father was virtually in
(4)
::: Uploaded on - 19/06/2023 ::: Downloaded on - 21/06/2023 13:17:31 :::
11-appln-738-2023.odt
vegetative state. The question has been raised on behalf of the applicants
that when the target was P.W.5 Vikram and he was being assaulted in front
of his house (as Section 452 of Indian Penal Code has not been invoked, it
will have to be taken that the incident has taken place in front of the
house), then the question is whether there was mens rea or common object
to assault P.W.1 Gorakh and also to commit murder of deceased Manikrao.
We are therefore of the view that the case is made out for releasing the
applicants on bail by suspending their sentence till the hearing and disposal
of Criminal Appeal. Hence, the following order :-
ORDER
I) The application stands allowed.
II) The sentence imposed on the applicant/appellant in
Sessions Case No.104 of 2022 by learned Additional Sessions
Judge, Aurangabad, is hereby suspended till the hearing and
final disposal of Criminal Appeal No.141 of 2023.
III) The applicants/appellants - (i) Bhaskar Bhujangrao
Navpute (ii) Ram @ Rambhau Baburao @ Babasaheb
Navpute be released on P.R. Bond of Rs.50,000/- each with
two solvent surety of Rs.25,000/- each.
11-appln-738-2023.odt
IV) The applicants/appellants shall not commit any criminal
activity.
V) The applicants/appellants to remain present before the
learned Trial Judge once in six months, till final hearing and
disposal of the appeal, starting from the date they tender bail
papers and, thereafter, the trial Judge to fix dates for their
subsequent appearances.
VI) In case of two consecutive defaults on the part of
applicants/appellants to remain present before the Trial
Court, the Trial Court to inform this Court about the same and
in that case the prosecution would be at liberty to file an
application for cancellation of the bail granted to the
applicant/appellant.
VII) Bail before the Trial Court.
[ ABHAY S. WAGHWASE ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
scm
