Bombay High Court
Ambadas Tukaram Turankar And Another vs State Of Maharashtra Thr Police Station ... on 9 April, 2025
2025:BHC-NAG:3895
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL REVISION APPLICATION NO.165 OF 2024
1. Shri Ambadas Tukaram Turankar,
Age 72 years, Occu: Cultivation,
2. Shri Raju S/o Ambadas Turankar,
Age 37 years, Occu: Cultivation,
Both R/o Mauza Wadgao,
Tah. Warora, Dist. Chandrapur. ....... APPELLANTS
...V E R S U S...
The State of Maharashtra,
Through its Police Station Officer,
Police Station Warora,
Tah. Warora, Dist. Chandrapur. ....... RESPONDENT
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Mr. D. S. Lambat, Advocate for Appellants.
Mr. V. A. Thakare, APP for Respondent/State.
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CORAM: URMILA JOSHI PHALKE, J.
DATE: 9th APRIL, 2025.
ORAL JUDGMENT:
1. Heard.
2. Admit.
3. The appellant is assailing the judgment dated
05.05.2022 by the learned Judicial Magistrate First Class, Warora
in Regular Criminal Case No.32/2014 whereby the appellant is
convicted for the offence punishable under Section 323 read with
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Section 34 of the IPC and sentenced to suffer rigorous
imprisonment for one month for the offence punishable under
Section 323 read with Section 34 of the IPC and the judgment and
order of confirming the sentence passed in Regular Criminal
Appeal No.08/2022 by the Additional Sessions Judge, Warora,
District Chandrapur dated 03.10.2024.
4. As per the accusation on 30.06.2013 at about 11:00
a.m. the informant Vachchhabai was present in her courtyard. At
that time the cattle of the accused persons came there and as she
drove it, the appellant - accused Ambadas raised quarrel with her
and assaulted her with stick on her hand thereby causing hurt to
her. As her son Santosh came there, the accused Raju, who is the
son of the accused Ambadas and the appellant no.2. here, abused
and beat him by hand and fist blows. As the people gathered there,
they left threatening to the informant and other prosecution
witnesses.
5. After registration of the crime the investigation was
completed and the charge-sheet was filed. In order to prove the
offence alleged against the accused persons, prosecution examined
08 witnesses namely PW-1 Dr. Patel vide Exh.-24, PW-2 Vachchhala
vide Exh.-30 informant, PW-3 Santosh vide Exh.-32, PW-4
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Hanuman vide Exh.-33, PW-5 Nikesh vide Exh.-34, PW-6 Pravin
vide Exh.-36, PW-7 Police Constable Derkar vide Exh.-40 and
Investigating Officer PW-8 vide Exh.-44-A. After appreciation of
the evidence the trial court has convicted the accused as
aforestated and the appellate court has also confirmed the said
sentence. Being aggrieved and dissatisfied with the same the
present revision application is preferred by the appellants.
6. I have perused the material on record prosecution
mainly placed reliance on the evidence of PW-1 Dr. Aruna
Kanjibhai Patel, who has narrated that on 30.06.2013 she has
examined Vachchala Ambadas Madavi and Santosh Ajabrao
Madavi. On examination of Santosh Ajabrao Madavi she found
injuries in the nature contusion, injury on left side scapula and age
of the injury was 1 to 2 hours and nature of injury was simple. On
examination of the informant Vchchala she found swelling and
tenderness on left hand elbow joint. Age of injury was 1 - 2 hours.
It was caused by hard and blunt object. Though cross-examination
is carried out nothing incriminating is brought on record. During
cross-examination PW-1 has admitted that patients name is
Santosh and Vachchala were not brought to me by the concerned
police station. She further admitted that such type of injury can be
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caused if any person fall down on rough surface.
7. The evidence of PW-2 Vachchala Ajabrao Madavi and
PW-3 Santosh Ajabrao Madavi is consistent as to the assault by the
present appellants on her and her son Santosh. They both have
stated that as the cattle's entered in the courtyard of their house
and therefore, quarrel was started between them and the accused
Raju assaulted Santosh by fist and kick blows and assaulted the
informant by means of stick. Their cross-examination shows that
the action was taken against them and they have encroached upon
the government land. Offence is also registered against the
informant, her husband and three children as they have
encroached upon the government land. Some omissions and
contradictions are also brought on record during their cross-
examination. PW-4 and PW-5 have not supported the prosecution
case. PW-6 is the formal witness who has also not supported the
prosecution case. PW-7 is the Investigating Officer, who has
narrated about the investigation carried out and PW-8 is also the
Investigating Officer.
8. On perusal of the material on record and after going
through the entire record the finding of the trial court which is
confirmed by the appellate court which is concurrent and it reveals
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from the evidence that during the quarrel the assault was made on
the informant and her son Santosh. Thus, the involvement of the
present appellants reveals from the evidence which is recorded
before the trial court.
9. Learned counsel for the appellants submitted that the
benefit of the probation of the offenders Act can be rendered to
the present appellants as there are no criminal antecedents against
the present appellants and subsequent to the incident also no
criminal antecedents are reported against them. Therefore, the
report of the Probation Officer of Chandrapur is called which is
favourable to the present appellants. It is specifically mentioned
that the informant and her family are also quarrelsome nature they
have also encroached upon the government land and they are
indulged in various illegal activities. As far as the appellants are
concerned the report shows that no criminal antecedents are
reported against them and subsequent to the incident also no
criminal case is filed against them.
10. Considering that the appellants have no criminal
antecedents and subsequent to the conviction also no criminal
cases are filed against them. The opportunity to reform is to be
granted to them.
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11. While maintaining the conviction the sentence of
imprisonment of one month deserves to be set aside and instead
the appellants are to be released on probation. In view of that, I
proceed to pass following order:
ORDER
(i) Criminal Revision Application is partly
allowed.
(ii) The appellants shall enter into a bond to
permanently reside within the territorial
jurisdiction of the District Chandrapur and to
furnish to the Probation Officer his phone
number, detail address. The appellants shall
further undertake not to involve himself in any
criminal or otherwise illegal activities.
12. The revision application is allowed in the aforestated
terms.
13. The criminal revision application is disposed of.
(URMILA JOSHI PHALKE, J.)
NSN
Signed by: Mr. N.S. Nikhare
Designation: PA To Honourable Judge
Date: 16/04/2025 12:22:48
