Bombay High Court
Sagar Gajananrao Kharad And Another vs The State Of Maharashtra Thr. Pso Ps ... on 2 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9912-DB 939-appa 791-24.odt
1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 791 OF 2024
IN
CRIMINAL APPEAL NO.152 OF 2024
Dhiraj @ Golu @ Kawa Thakare -Vs-The State of Maharashtra
-------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------ --------------------------------------------------------------------------------------------------------
Mr.R.M.Daga, counsel for the applicant.
Mr.N.H.Joshi, A.P.P for non-applicant-State.
CORAM VINAY JOSHI &
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 2nd SEPTEMBER,2024
1. Heard.
2. This is an application filed by the applicant
(accused No.2) Dhiraj @ Golu @ Kawa Thakare seeking
suspension of execution of sentence. Applicant Dhiraj @
Golu @ Kawa Thakare along with co-accused Sagar
Gajananrao Kharad have been tried and convicted for the
offence punishable under Sections 302 and 506 r/w 34 of
the Indian Penal Code in Sessions Case No.164 of 2020
vide judgment and order dated 31.01.2024 passed by the
Sessions Judge, Amravati.
3. The learned counsel appearing for the
applicant would submit that the evidence before the trial
court is not trustworthy however, the trial court erred in
convicting both of the accused persons for the aforesaid
Kavita
939-appa 791-24.odt
offences. The trial court has not considered material
inconsistencies, which resulted into recording un-
meritorious conviction.
4. It is the case of the prosecution that co-
accused Sagar and applicant Dhiraj have assaulted
deceased Pankaj in furtherance of their common
intention by means of knife on 31.07.2020 to which the
injured succumbed on the following day. The prosecution
case is based on three eye witnesses i.e. PW-1 informant
Pallavi, PW-3-Sumitra and PW-4- Vandana. The learned
counsel appearing for the applicant would submit that
the statement of PW-3 and 4 has been recorded by the
police after 10 days, which is not free from suspicion. It is
submitted that PW-1 Pallavi though stated the role of the
applicant, however, she admits in the cross-examination
that she did not disclose the name of the applicant. On
careful examination, prima facie, we see no substance in
the latter contention since Pallavi has disclosed the
identity of the applicant by referring his nick name along
with surname Thakare. The applicant took us through the
cross-examination of informant, wherein it has come that
at the place of incident knife was lying. The said portion
was shown so as to discredit recovery under Section 27 of
the knife in pursuant to the information given by Dhiraj.
5. Apart, the applicant's learned counsel
strenuously argued that this is not a case falling under
Section 300 of the Indian Penal Code. He would submit
that it is the case of the single knife injury that too at the
Kavita
939-appa 791-24.odt
thigh and thus by any stretch of imagination requisite
intention and knowledge to cause death cannot be
inferred. Undisputedly, as per prosecution case itself,
applicant has inflicted a single blow at the thigh of the
deceased. We have been taken through the medical
evidence, wherein both doctor stated that life of deceased
could have been saved on immediate treatment. There is
considerable force in the submission that the offence of
murder may not attract. Thus, an arguable case has been
made out to that extent.
6. The applicant Dhirahj is in jail from
01.08.2020 i.e. for the period of four years. Since, a
likelihood of attracting the offence of 304 part II of the
Indian Penal Code emerges. We have considered the
application on the said parameter. The appeal will take
it's own time for disposal. Having regard to above
peculiar facts, we are inclined to exercises our judicial
discretion.
7. The criminal application is allowed. Execution
and implementation of substantive sentence passed in
Sessions Case No.164 of 2020 vide judgment and order
dated 31.01.2024 passed by the Sessions Judge, Amravati
as against applicant Dhiraj stands suspended till final
disposal of the appeal.
8. In the meantime, applicant Dhiraj @ Golu @
Kawa Thakare shall be released on bail on furnishing P.R
bond of Rs. 50,000/- (Rs.Fifty thousand only) with one
Kavita
939-appa 791-24.odt
solvent surety in the like amount.
9. The applicant shall attend the concerned
police station in between 10.00 a.m. to 12.00 noon of the
first Monday of each month till the conclusion of the
appeal.
10. Criminal application stands disposed of.
JUDGE JUDGE
Signed by: Kavita P Tayade
Designation: PAKavita
To Honourable Judge
Date: 03/09/2024 18:38:16
