Bombay High Court
Irfan Sharif Khan vs The State Of Maharashtra on 25 April, 2025
2025:BHC-AUG:11915
{1} CR APPEAL 478 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 478 OF 2024
Irfan Sharif Khan
Age: 32 years, Occu. : Labour,
R/o. Irani Galli, Shivaji Nagar,
Parli (V), Tq.Parali (V),
Dist.Beed. ....Appellant
Versus
The State of Maharashtra .....Respondent
.....
Advocate for Appellant : Mr.Sudarshan J. Salunke
APP for Respondent : Mr.P.K.Lakhotiya
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 17 APRIL, 2025
PRONOUNCED ON : 25 APRIL, 2025
JUDGMENT :
-
1. Convict in Sessions Case No.24 of 2016 is hereby taking
exception to judgment and order dated 04-05-2024 passed by
learned Additional Sessions Judge, Ambajogai, Dist.Beed, by which
present appellant was held guilty for offence punishable under
Sections 353, 332, 336 of the Indian Penal Code (IPC).
PROSECUTION CASE IN BRIEF
2. A team of Bhagyanagar Police Station, Nanded approached
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Parali City Police Station on 17-01-2015 and sought their assistance
and aid in apprehending a suspected accused (present appellant)
wanted in a crime. A joint team was constituted, which proceeded in
search of suspect at destination of which secret information was
received. According to prosecution, appellant noticed arrival of
Police and to escape and evade arrest, he pelted stones and bricks
over the team from the terrace of the building causing injuries to the
Police personnel. On above premise report was lodged by the injured
Police personnel thereby setting law into motion and its crime being
registered and investigated by PW6 Gholve (PSI), who after
gathering sufficient evidence, chargesheeted appellant, who was tried
vide Sessions Case No.24 of 2016 by learned Additional Sessions
Judge, Ambajogai, District Beed, who appreciated oral evidence of six
witnesses and documentary evidence and accepted the case of
prosecution as proved and consequently, by judgment and order
dated 04-05-2024, held appellant guilty for offence under Sections
332, 353 and 336 of the IPC and sentenced him to suffer rigorous
imprisonment for three years, two years and three months
respectively and to pay fine. It is the said judgment, which is
impugned herein by way of instance appeal.
{3} CR APPEAL 478 OF 2024
SUBMISSIONS
On behalf of appellant :
3. Apprising this Court about the background of the FIR, it is
submitted that all witnesses examined by prosecution are Police
personnel and are interested witnesses. That, inspite of alleged
occurrence taking place in residential locality, no independent
witness has been examined. That, there are allegations of pelting of
stones and bricks, but such articles are not before the Court. He
would submit that answers given by prosecution witnesses in cross-
examination, more particularly, by PW6 Investigating Officer, clearly
shows that a case has been developed for false implication. That,
there is no cogent and reliable evidence. That, essential ingredients
for attracting the charges were patently missing, however, learned
trial Judge failed to consider the same and erred in returning the
guilt and hence, he seeks indulgence at the hands of this Court by
allowing the appeal.
On behalf of State :
4. Learned APP took this Court through the evidence of injured
witnesses PW1 Yele. He pointed out that, all prosecution witnesses
are consistent. That, their testimonies in substantive evidence has
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remained intact and undisturbed. He submitted that, merely because
witnesses are Police personnel, they cannot be termed as interested
witnesses, rather it is his submission that the circumstances in which
the incident took place, there are hardly be any independent witness
as absconding and wanted accused appellant was to be apprehended.
He further pointed out that there was obstruction in performing
official duty. That, Police personnel are injured in the said incident.
That, medical evidence support harm and injuries caused to them.
Therefore, necessary ingredients for attracting the charges being
available, it is his submission that there is no infirmity or perversity
in the findings reached at by the learned trial Judge and
consequently, he prays for dismissal of the appeal for want of merits.
EVIDENCE IN TRIAL COURT
5. In support of its case, prosecution has adduced evidence of in
all six witnesses. Sum and substance of their evidence is as under :
PW1 Amol Ankushrao Yele is the Police Head Constable, who
lodged report exh.28. He deposed at exh.27 as under :
"01. On 17/01/2015, I was attached to the Parli City Police
Station as Police Naik. I was member of team of detection
branch which consists of PHC Dolas, PC Sanap, Police Naik
{5} CR APPEAL 478 OF 2024
Pawar. While I was present on duty, the team from Bhagyanagar,
Police Station Nanded visited our police station. The said team
aided by PSI Pradeep Palewal. The said team visited Parli for
search of suspected accused in the offence committed u/sec 392
of IPC within their jurisdiction They were suspecting accused
Irfan Sharifkhan R/o Irani Galli in the said offence.
02. Thereafter, PI Chavan from our police station directed the
team of D.B. to accompany and assist the said team of
Bhagyanagar Police Station. Thereafter, the team of
Bhagyanagar and team of D.B from our police station proceeded
to the Irani Galli towards to the house of accused Irfankhan
Sharifkhan At that time, we noticed accused Irfankhan. After
noticing the team, the accused rushed on terrace. The accused
started pelting brick pieces on me from the terrace. Out of
which, one brick caused injury on my head and due to which, I
fell down by fainting. Thereafter, the members of both the team
rushed awards me. Thereafter, police naik pawar took me to the
Govt. Hospital, Parli.
03. Thereafter, I have taken the treatment in the Govt.
Hospital. After discharge, I have flied complaint against
accused for commission af offence punishable u/sec. 353, 332
of I.P.C. The complaint produced on record now shown to me is
the same. It bears my signature. The contents are true and
correct, it is marked as Ext. 28. can identify the accused, if
shown to me. The photograph of accused available on arrest
form is the same. I was knowing the accused Irfankhan as he
was suspected accused in the offence of similar nature of our
police station also."
{6} CR APPEAL 478 OF 2024
PW2 Dinesh Apparao Kurme is the Medical Officer, who
examined informant PW1 Yele. At exh.33 he deposed as under :
"01. On 17/01/2015, I was attached to the Sub-
Dist. Hospital, Parli as a Medical Officer. I was having duty
from 9.00 p.m. of 16/01/2015 till 9.00 a.m. of
17/01/2015. While I was present on duty. the injured Amol
Ankushrao Yele came to the hospital. I have examined the
injured. On examination I have found C.L.W. Parietal bone.
Size. 4 x 2 cm, the cause of injury - hard and blunt. The
age of Injury was within four hours, the nature of injury is
simple. Accordingly, have issued medico legal certificate
The said certificate produced en record now shown to me
is the same. It bears my signature. The contents are true
and correct. It is marked as Exn. 34 Such type of injuries
are possible if person is assaulted by means of stone and
brick."
PW3 Rahul Dolas is Assistant Sub-Inspector, who is an eye
witness. He deposed at exh.35 as under :
"01. In the year 2015, I was attached to the City Police station
Parli Vaijnath as Police Head Constable. On 17/01/2015 Police
Inspector Pradeep Palewal from Bhagyanagar Police Station,
Nanded came to our police station for arrest of the accused
required in C.R.No 7/2015 registered u/sec. 392 r/w 34 of IPC
with their police station Therefore, P.I. Chavan from our police
station deputed the staff from DB team to assist the said staff
from Bhagyanagar Police Station. I alongwith police staff Yele,
{7} CR APPEAL 478 OF 2024
Pawar and Sanap accompanied with the team of Bhagyanagar
Police station. Thereafter, I alongwith the team of our D.B. and
Bhagyanagar Police station went to the Irani Galli, Parli to the
house of accused. The accused closed the door after noticing us.
Thereafter, he went on terrace by hurling abuses. He started
pelting stone from the terrace on police staff. Thereafter, the
accused pelted stone on the head of the complainant Shri.Yele.
At that time, Shri Yele sustained head injury. Therefore, police
staff Pawar took the complainant to the hospital. Meanwhile,
the crowd from the Irani Galli gathered at the spot. Therefore,
we returned to the police station Thereafter Yele filed complaint
against accused. My statement was recorded during course of
investigation. I can identify the accused, if shown to me. Today,
accused is present in the Court."
PW4 Ramsing Jaypalsing Bayas is the Police Head Constable.
He is also an eye witness. He deposed at exh.38 as under :
"01. I was working as a Police Head Constable at
Bhagyanagar Police Station Nanded from 2009 to 2016. The
incident took place on 17/01/2015. On that day I alongwith P.1.
Pradeep Palewar, API Dubal, PHC Khandare, Police Naik Rathod,
P.C. Kamble, P.C. Dhawle, PC Damekar came to Parli City Police
Station in search of accused Thereafter, we asked for assistance
from Parli City Police Station. Al that time, police staff Yele,
Pawar, and Sanap proceeded to the Irani Galli, Parli in search of
the accused in C.R. No.7/2015 u/sec 392 of IPC registered with
Bhagyanagar Police Station. When we reached at the spot, at
that time, the accused Irfan Shanfkhan after noticing Police staff
went on roof of the house. He started pelting stones in the
{8} CR APPEAL 478 OF 2024
direction of police staff. At that time, police staff Yele sustained
grievous injury over his head due to pelting of stone. Thereafter,
with the help of Police staff Pawar, he was taken to the Govt.
Hospital. Thereafter, we caught the accused Irfan Sharifkhan
and brought him to the Police Station, Parli Police Station.
Thereafter, police staff Yele filed complaint against accused for
obstructing while discharging official duty as public servant. My
statement is recorded during course of investigation. I can
identify the accused, if shown to me. Today, accused produced
from the jail. Accused before the court is same."
PW5 Sakharam Gampu Pawar is Police Naik, who is also an eye
witness. He deposed at exh.39 as under :
"01. On 17/01/2015 I was attached to the Parli City
Police station. On that day Police Inspector Pradeep Palewar, API
Dubal and other police staff from Bhagyanagar Police station
came to Police Station Parli City in search of accused.
Thereafter, as per the instructions given by our P.I., I have
accompanied with them alongwith PHC Dolas, Police Naik Yele,
PC Sanap proceeded to the Irani Galli, Parli. When we reached
at the spot, at that time, the accused Irfan Sharifkhan started
pelting stones in the direction of police staff. At that time, one
stone hit on head of police Naik Yele. Due to which, he
sustained injury. Hence, I alongwith PC Sanap took Shri Yele to
the Govt. Hospital. After taking preliminary treatment, we
returned to the Police Station. Thereafter, Police Naik Yele filed
complaint. My statement is recorded during course of
investigation. I can identify the accused, if shown to me. Today,
accused produced from the jail. Accused before the court is
same."
{9} CR APPEAL 478 OF 2024
PW6 Chandrakant Limbraj Gholve is the then Police
Sub-Inspector. He is the investigating Officer, who visited
the spot, conducted spot panchanama and after gathering
sufficient evidence, arrested the accused. His evidence is at
exh.42.
ANALYSIS
6. Re-appreciated and re-analyzed the evidence. The sum and
substance of prosecution story is that a team of Bhagyanagar Police
Station, Nanded were to arrest wanted accused (present appellant) in
a crime bearing no.07 of 2025 for offence under Section 392 read
with 34 of the IPC and on information about appellant available in
jurisdiction of Beed Police Station, they all duly approached Parali
Police Station first, sought their help and a joint team went to the
destination and after seeing Police arrived, to evade arrest, appellant
ran on the terrace and thereafter, pelted stones targeting Police
personnel causing injuries.
PW1 Yele is examined at exh.27 and he is injured informant.
PW3 Dolas (ASI) and PW4 Bayas (PHC), who were also
members of team are eye witnesses and their evidence is at exhibits
35 and 38 respectively. On analyzing their evidence, it is emerging
that they are consistent that when the team visited Parali in search of
{10} CR APPEAL 478 OF 2024
suspect in Irani Galli, they noticed appellant, who after noticing the
team, allegedly rushed on the terrace and started pelting bricks /
stones from the terrace. A brick struck PW1 Yele on his head and he
was required to be taken to the hospital. While in hospital, PW1 Yele
lodged report setting law into motion. PW3 Dolas and PW4 Bayas
also duly supported to the above story of PW1 Yele.
PW3 Dolas (ASI), who was also in the company of PW1 Yele,
stated about a team of Bhagyanagar Police Station, Nanded
approaching City Police Station, Parali Vaijinath, they being part of
the team, which was prepared for apprehending wanted accused
appellant, they all approaching Irani Galli, where appellant was
residing and on seeing Police, appellant rushing towards terrace and
to evade and avoid arrest, appellant pelted bricks on the Police party
causing injury to PW1 Yele.
On visiting cross-examination, nothing adverse or nothing
damaging to the prosecution version has come on record.
7. Apart from evidence of PW1 Yele, PW3 Dolas and PW4 Bayas,
prosecution has also examined PW2 Dr.Kurme, who in his evidence at
exh.33 has deposed about examining PW1 Yele. He has issued injury
certificate exh.34.
{11} CR APPEAL 478 OF 2024
Therefore, there is injured witness account, eye witness
account supported by medical evidence. Patently and evidently
essential ingredients for attracting charges are available and
therefore, learned trial Judge has not committed any error in holding
charges to be proved.
8. Perused the impugned judgment. Learned trial Judge has
appreciated available evidence in correct perspective. Both
substantive evidence as well as answers given in cross-examination
are put to minute scrutiny and on noting availability of essential
ingredients to attract the charges, guilt has been recorded.
Therefore, the view taken by the learned trial Judge is the correct
view and is the only possible view that could emerge even on re-
appreciation of evidence. No case being made out for interference,
appeal deserves to be dismissed. Hence, following order is passed.
ORDER
Criminal Appeal No.478 of 2024 is hereby dismissed.
( ABHAY S. WAGHWASE )
JUDGE
SPT
