Salman Iqbal Patel And Anr vs The State Of Maharashtra
2023 Latest Caselaw 9229 Bom

                                                              1 of 4         10-REVN-283-2023 + IA-3198-2023


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL REVISION APPLICATION NO.283 OF 2023
                                                        WITH
                                         INTERIM APPLICATION NO.3198 OF 2023
                           Salman Iqbal Patel & Anr                                       ...Applicants
                                     Versus
                           The State of Maharashtra & Anr                              ...Respondents

                                                         ------------
                           Mr. Advait U. Shukla, Advocate for Applicants.
                           Mr. Arfan Sait, APP for State/Respondent.
                                                         ------------

                                                           CORAM : SARANG V. KOTWAL, J.
                                                           DATE : 04th SEPTEMBER 2023
                           PC :

                           1.            The Applicants were the Accused Nos.1 and 2 before the

                           Judicial Magistrate First Class, Andheri in R.C.C. No.820 of 2009.

                           They were convicted by the learned Judge vide his judgment and

                           order dated 26th November 2013 for commission of offence

                           punishable under Section 325 r/w 34 of Indian Penal Code (for

                           short "I.P.C.").              They were sentenced to suffer rigorous

                           imprisonment for six months and to pay a fine of Rs.5,000/- each

          Digitally
                           and in default to suffer rigorous importance for one month each.
          signed by
          ASHWINI
ASHWINI   JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
          2023.09.06
                           The fine amount is directed to be paid to the injured Danish
          14:17:13
          +0530




                       Ashwini V




                          ::: Uploaded on - 06/09/2023                   ::: Downloaded on - 06/09/2023 23:56:40 :::
                                2 of 4           10-REVN-283-2023 + IA-3198-2023


 Shaikh towards the compensation.


 2.            The Applicants challenged the order in Criminal Appeal

 No.98 of 2019 before the Additional Sessions Judge, Panvel. The

 Appeal was partly allowed vide order dated 19 th August 2023. The

 conviction was altered from Section 325 r/w. 34 of the I.P.C. to

 Section 323 r/w 34 of I.P.C. They were sentenced to suffer rigorous

 imprisonment of three months. They were directed pay fine of

 Rs.5,000/- each and in default to suffer imprisonment for one

 month each. The amount was directed to be paid to the injured

 Danish as compensation under Section 357 of Criminal Procedure

 Code, 1973.


 3.            Heard learned Counsel for the Applicants.             Since the

 compensation is directed to be paid to the injured Danish, he is a

 necessary party. Therefore, learned Counsel for the Applicants shall

 add the injured Danish as a party Respondent. Amendment shall

 be carried out forthwith.


 4.            Learned Counsel for the Applicants submitted that there

 is no reliable medical evidence showing that any grievous injury




::: Uploaded on - 06/09/2023                ::: Downloaded on - 06/09/2023 23:56:40 :::
                                3 of 4          10-REVN-283-2023 + IA-3198-2023


 was caused to PW-2 Danish and his cousin PW-3 Abdul. He

 submitted that the evidence of a private Doctor who is examined

 as PW-6 mentions that in the M.L.C. Register it was mentioned as

 an accident.


 5.            Learned APP pointed out that, PW-6 has stated that the

 injured Danish was semi-conscious when he was brought to the

 hospital of PW-6. He submitted that the FIR was lodged

 immediately and Danish was shifted to Bombay Hospital. There is

 evidence of PW-2 Danish and PW-3 Abdul, who were injured in the

 incident. There is also evidence of the first Informant Ahamadraza

 who is examined as PW-4 who has lodged the FIR. He was an eye-

 witness.


 6.            The incident had occurred on 14th April 2009. At that

 time, both the Applicants were around 18 to 19 years of age. The

 incident is old. There are some conflicting views expressed by

 both the learned Judges of the trial and the Appellate Court.

 However, both the Courts had accepted the occurrence of the said

 incident.




::: Uploaded on - 06/09/2023               ::: Downloaded on - 06/09/2023 23:56:40 :::
                                    4 of 4             10-REVN-283-2023 + IA-3198-2023


 7.            Considering all this situation, it is necessary to see

 whether the sentence awarded can be modified and whether

 compensation of a higher amount can be given to the injured. At

 the same time, the evidence of the Medical Officer also will have to

 scrutinized carefully.


 8.            Hence, the following order:


                                              ORDER

i) Issue notice to the added Respondent, returnable

on 1st December 2023.

ii) Stand over to 1st December 2023.

iii)Till then, the sentence imposed on the Applicants

is suspended by way of ad-interim relief.

(SARANG V. KOTWAL, J.)