Bombay High Court
The State Of Maharashtra vs Rahul S/O. Sudhakar Munde And ... on 17 October, 2023
Bench: V. V. Kankanwadi, Abhay S. Waghwase
2023:BHC-AUG:22272-DB
-1- ALS.43.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLICATION FOR LEAVE TO APPEAL BY STATE NO.43 OF 2020
The State of Maharashtra,
Through Police Inspector,
Police Station Renapur,
Tq. Renapur, Dist. Latur ... Applicant
Versus
1. Rahul S/o. Sudhakar Munde,
Age: 23 years, Occu: Agri.,
2. Deepak S/o Atmaram Munde,
Age: 30 years, Occu: Agri.,
3. Krishna @ Kishan S/o Ramdhan Munde,
(Case against A. No. 3 abated)
4. Vyankat S/o Ramdhan Munde,
Age: 24 years, Occu: Agri.,
5. Shivaji S/o Nivrutti Munde,
Age: 65 years, Occu: Agri.,
6. Balaji S/o Pralhad Munde,
Age: 27 years, Occu: Agri.,
7. Pralhad S/o Nivrutti Munde,
Age: 63 years, Occu: Agri.,
8. Sudhakar S/o Prabhu Munde
Age: 62 years, Occu: Agri.,
9. Atmaram S/o Janardhan Munde,
Age: 62 years, Occu: Agri.,
10. Somnath S/o Vyas Munde,
Age: 22 years, Occu: Agri.,
11. Nagnath S/o Raghunath Munde,
Age: 44 years, Occu: Agri.
-2- ALS.43.2020
12. Govind S/o. Shivaji Munde,
Age : 39 years, Occu. : S. T. Driver,
All R/o. Wanjarwadi, Tq. Renapur,
Dist. Latur. ... Respondents.
(Orig. Accused)
...
Mr. S. D. Ghayal, APP for Applicant/Appellant
...
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
RESERVED ON : 7th OCTOBER, 2023
PRONOUNCED ON : 17th OCTOBER, 2023
ORDER (PER ABHAY S. WAGHWASE, J.) :
1. This leave application arises out of judgment and order
of acquittal passed by learned Sessions Judge, Latur dated
11.11.2019, thereby acquitting present respondents from charges
under sections 143, 147, 148, 307, 324, 504 and 506 read with
section 34 and 149 of Indian Penal Code (IPC).
2. According to learned APP, vide Sessions Case No.67 of
2016 present respondents were tried for committing above
offences. It is pointed out that, informant injured gave statement
in hospital on 08.04.2016 that when he was returning in his
bullock-cart with his mother from the field, at that time, accused
persons assaulted him by means of articles, like lead-ball, sickle,
wooden sticks and iron rods, and thereby, affected severe injuries.
-3- ALS.43.2020
According to learned APP, on the statement of injured given in
hospital, crime was registered and investigation was carried out.
During investigation, statements of relevant witnesses were
recorded. There is recovery at the instance of accused. That,
medical evidence suggested that offence of attempt to murder was
after forming unlawful assembly with common object. Accused
were armed with deadly weapons. That, evidence of none of the
prosecution witnesses is demolished or rendered doubtful during
cross examination and therefore, it is submitted that, learned trial
court ought to have accepted the evidence of prosecution as proved
and ought to have held respondents guilty, but by assigning
improper reason and by not appreciating the evidence in correct
perspective, learned trial court has erred in acquitting accused.
That, there is a strong case in appeal for re-appreciation and
reanalysis of evidence and hence the prayers.
3. We have visited the prosecution evidence adduced
before trial court. It transpires that, prosecution has adduced
evidence of in all 8 witnesses. Their status is as under :-
PW1 Balasaheb is the pancha to spot panchanama at
(Exh.77).
PW2 Anil is the pancha to seizure and he deposed to
that extent. His evidence is at Exh.89.
PW3 Rahul is the injured and his evidence is at
Exh.104.
-4- ALS.43.2020
PW4 Ganesh is the eye witness and his evidence at
Exh.109.
PW5 Anant is the another eye witness and his evidence
at Exh.110.
PW6 Sunita is the mother of injured and an eye witness.
PW7 P.I. Bandopant Munde is the Investigating Officer.
PW8 Dr. Swati Tondare, Medical Officer, who issued
injury certificate at Exh.141.
4. After prima facie going through the evidence, it is
emerging that, crucial evidence is of PW3 Rahul, PW4 Ganesh, PW5
Anant and PW6 Sunita. Informant PW3 Rahul deposed that, on
08.04.2016 when he was returning from his field in bullock-cart,
along with his mother, accused persons intercepted his way,
abused and dragged him and his mother from the bullock-cart.
According to him, accused Govind, Pralhad and Sudhakar caught
hold of him and Rahul Munde gave blow of lead-ball on his head
from backside and thereafter, Deepak and Kisan assaulted him
with iron rod and sickle. After hue and cry, Anand Munde, Ganesh
Phad and Namdeo Bhange came there for rescue and both he and
his mother taken to hospital, where he gave statement.
In cross he admitted that, at the time of incident, no
other villagers reached there. He denied previous quarrel between
-5- ALS.43.2020
him and Shrimant @ Bablu on account of taking connection of tap.
He admitted that, iron rod and stick shown to him, if are used,
there could be injury to the head. He further admitted that, he
suffered only simple injuries. Rest all suggestions are denied.
5. PW4 Ganesh claims that he heard noise, and therefore,
he went to the spot. According to him, one ambulance was standing
there and he saw bullock-cart of PW3 Rahul Bhange on Bavchi road
and further claims to have seen 13 persons were assaulting Rahul
Bhange and he gave their names. He attributed role to Rahul
Munde for assaulting on the head with lead-ball, Deepak assaulting
with sickle on left forearm of Rahul Bhange, Kisan Munde and
Venkat Munde assaulting with iron pipe, Nagnath Munde
assaulting with wooden stick and other accused persons assaulting
with fist and blows. According to him, because of previous quarrel
between accused Rahul Munde and PW3 Rahul Bhange assault was
carried out.
In cross he admitted that, he and his uncle provided the
articles to police. He claims that he was also beaten up, but he
lodged no complaint. Rest all suggestions are denied.
6. PW5 Anant also claims that he personally saw accused
assaulting Rahul and he intervened. Even he is extensively cross
-6- ALS.43.2020
examined, but he has denied almost all suggestions.
7. PW6 Sunita, mother of PW3 Rahul also narrated about
accused raising quarrel while they were returning in a bullock-cart
and accused mounting assault. She has also narrated and
attributed roles to the accused persons.
8. Therefore, here, above witnesses are lending support
as regards to occurrence of assault on PW3 Rahul by means of lead-
ball, sickle, sticks and iron rod. Prima facie, it is noticed that, in
spite of extensive cross, actual occurrence has not been rendered
doubtful. Medical expert (PW8 Dr. Swati Tondare), who examined
injured has also stepped into witness box and described the nature
of injuries. Doctor has categorically stated that weapons, like
sticks, iron rod and sickle shown to her are capable of causing
injuries on the person of injured. She has categorically stated that,
if a person is assaulted with said weapons and injury is caused to
head, then there is possibility of death. Medical expert has
identified medico legal certificate issued by her. Injuries seem to be
on parieto occipital region, contusion over arm and abrasions on
scapular region. Medical certificate shows that treatment was
given from 08.04.2016 to 15.04.2016.
-7- ALS.43.2020
9. Therefore, prima facie, there is evidence regarding
assault and injury. Resultantly, there is scope for re-appreciation
and to ascertain which of the body offence has actually been
committed, if not section 307 of IPC. Resultantly, finding it a fit
case application deserves to be allowed and leave to file appeal
deserves to be granted. Hence, we proceed to pass following order :-
ORDER
(i) Application stands allowed.
(ii) Leave is granted to the prosecution to file Appeal.
(iii) Registry to register the Appeal.
(iv) Appeal stands admitted.
(v) Call record and proceedings.
(vi) Action under section 390 of the Code of Criminal
Procedure be taken against the respondents to
the satisfaction of the trial court.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)
Tandale
Signed by: Manoj Tandale
Designation: PA To Honourable Judge
Date: 17/10/2023 16:42:28
