Bombay High Court
Vishnudas Rajaram Patil vs The State Of Maharashtra on 27 August, 2024
Author: R.G. Avachat
Bench: R.G. Avachat
2024:BHC-AUG:19613-DB
908-APPLN-2440-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2440 OF 2024
IN CRIMINAL APPEAL NO. 319 OF 2023
Vishnudas Rajaram Patil ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
....
Mr. N.S. Ghanekar, Advocate for applicant
Mr. S.V. Hange, A.P.P. for respondent - State
....
CORAM : R.G. AVACHAT AND
NEERAJ P. DHOTE, JJ
DATE : 27th AUGUST, 2024
PER COURT :
1. This is an application for suspension of substantive sentence of
imprisonment imposed by Additional Sessions Judge, Udgir in Sessions Case
No. 22 of 2017 vide judgment and order dated 10 th March, 2023 thereby
convicting the applicant for the offence punishable under Sections 302, 323,
324 and 506 read with Section 34 of the Indian Penal Code ('I.P.C.').
2. The case of prosecution is that on 19 th March, 2019 when the
appellant and co-convicts were working in their agricultural field, the
deceased, his wife and son came there. The deceased objected the applicant
and co-convicts from digging their land. A quarrel took place between them.
It is the case of prosecution that the convicts assaulted the deceased by means
of stick. They also assaulted the wife and son of the deceased. The deceased
succumbed to the injuries.
908-APPLN-2440-24.odt
3. It is submitted by leaned counsel for the applicant that the two co-
convicts have been granted bail by this Court vide orders dated 13 th March,
2024 and 02nd May, 2024 passed in Criminal Application Nos. 526 of 2024
and 1452 of 2024 respectively. He submits that the role attributed to the
applicant is that he assaulted the deceased on head with a stick. He further
submits that the applicant has also suffered five injuries on his person. He
submits that even if the evidence of the witnesses is scrutinized, the case may
not fall for the offence punishable under Section 302 of the I.P.C. The
applicant is behind the bars for more than five years, and therefore, urged for
allowing the application.
4. The application is opposed by learned A.P.P. He submits that the
role attributed to the applicant is assault with stick which proved fatal. He
submits that though the co-convicts, who have been granted bail, were
accompanying the applicant, he cannot claim bail on the ground of parity. He
ultimately urged for rejection of the application.
5. We have perused the evidence on record. The cause of death of
the deceased is injury to the vital organ i.e. brain by hard and blunt object.
As seen from the postmortem report (Exh.67), the deceased suffered
following injuries :-
(i) Right side scalp suturing mark seen 'U' cranetomy done at Life
Care Hospital.
(ii) Fronto parito occipital to sup right ear.
(iii) Scalp layer seen periosteal heamatoma present.
908-APPLN-2440-24.odt
(iv) Parital bone cranetomy fronto-parito occipital right side done
(v) Right shoulder contusion 2 x 1 cm seen.
6. From the evidence of witnesses it is seen that the incident was the
outcome of dispute from digging the land. The co-convict - Rajaram had
come on the spot of the incident with JCB machine. It is seen that initially
there was scuffle between the deceased, who was present with his wife and
son on the one hand and the co-convict on the other which culminated in
assault. Admittedly, there is single blow on the head of the deceased by the
stick, which proved fatal. It is also not in dispute that the applicant had
suffered injuries, which are shown five in number. The appeal is of 2023.
There are no chances that the same would come up for final hearing in near
future. Considering all these aspects, we are inclined to allow the
application.
7. In view of above, the execution of substantive sentence of
imprisonment to stand suspended pending the appeal. The applicant be
released on his executing P.R. bond in the sum of Rs.15,000/- (Rupees
Fifteen Thousand) with one surety in the like amount.
8. Criminal application stands disposed of accordingly.
( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. )
SSD
