Bombay High Court
Shrikant S/O Dattu Mohurle ( In Jail) vs The State Of Maharashtra Through Pso Ps ... on 19 March, 2025
2025:BHC-NAG:3378
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL REVISION APPLICATION NO. 215 OF 2024
APPLICANT Shrikant s/o Dattu Mohurle,
Aged about 27 years, Occu: Homeguard,
R/o Village Pimpalgaon (Ma), Taluka
Warora, District Chandrapur.
-VERSUS-
RESPONDENT The State of Maharashtra, through
Police Station Officer, Warora,
Tahsil Warora, District Chandrapur.
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Mr. Sandeep Naresh Singh, counsel for applicant.
Mrs. Swati Kolhe, APP for non-applicant/State.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 19/03/2025
ORAL JUDGMENT :
1. Heard.
2. The applicant is challenging the judgment and order
dated 07/07/2023 passed by the Judicial Magistrate First Class,
Warora, District Chandrapur, in regular Criminal Case 88/2017,
whereby the applicant is convicted for the offence punishable
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under Section 323 of the Indian Penal Code, 1860, and sentenced
to suffer simple imprisonment for a period of six months and fine
of Rs. 1000/- in default, simple imprisonment for one month.
3. Being aggrieved and dissatisfied with the same, the
applicant preferred the Criminal Appeal bearing No. 22/2023
before the Additional Sessions Judge, Warora, District Chandrapur,
which is dismissed, and the sentence imposed by the Judicial
Magistrate First Class is confirmed.
4. The applicant has challenged the judgment and
conviction and also prayed for the benefit of the Probation of the
Probation of Offenders Act, and therefore, the report of the
Probation Officer is called, which is received by this Court.
5. Learned counsel for the applicant submitted that,
according to the prosecution's case, the informant, Prabhakar
Wasudeo Kale, lodged a report on 15/05/2017. The report states
that on 14/05/2017, at around 8:30 hours, while he was at his
residence, one Rupesh Bothale approached him and informed him
that the accused were assaulting his brother's sons, namely Akshay
Baba Kale, near the pan stall of one Vikas Mohurle. So he went to
the spot of the incident, at that time, he saw that Akash was lying
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unconscious and bleeding. He, along with the other relatives, took
Akshay to the Sub-District Hospital, Warora, when he was injured,
as he sustained the injury on his right ear and above the ear on his
head. As his condition was serious, he was referred to the
Chandrapur Hospital. The informant lodged her report against the
present applicant. On the basis of the said report, crime was
registered vide crime No. 526/2017. During the course of the
investigation, the investigating officer completed the formalities of
preparing the spot pananama, collected the injury certificate,
seized the muddemal stick from the accused, and after completion
of the investigation, the charge-sheet was submitted.
6. The learned Magistrate has framed the charge against
the accused vide Exhibit No. 11 for the offence punishable under
Section 324 of the Indian Penal Code, 1860. In support of the
prosecution, the prosecution has examined the injured Akshay
Baburao Kale PW-2, who narrated that the incident occurred on
14/05/2017 at 8.00 p.m. at Village Pimpalgaon at the Veer Square
near the pan stall with Vikas Dattuji Mohurle, has narrated the
entire incident. Thereafter, the prosecution has examined PW-4
Prabhakar Wadudeo Kale, who corroborated the version of the
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injured. PW. 1 Harishchandra Mahadeo Chide is also examined by
Exhibit No. 17, he also witnessed said incident. He has also
supported the prosecution case. PW-3 has acted as a pancha on the
spot panchanama. Thus, from the evidence, it reveals that the
involvement of the present applicant, who has assaulted the
injured, is involved. The oral evidence is also further corroborated
by the evidence of PW-9, Dr. Smita R. Kinnake, who has deposed
that the injured person sustained the injury on his right ear, which
was passed by a hard and blunt object. The second injury was a
blunt trauma on the right side of the temporal bone. The nature of
the injury was simple to grievous. It was caused by a hard and
blunt object. PW-8 is the investigating officer. On the basis of the
said evidence, the Judicial Magistrate First Class has convicted the
present applicant as aforestated. The Additional Sessions Judge
has also appreciated the evidence and held that the involvement of
the present applicant is revealed from the evidence, which is
recorded before the magistrate.
7. I have perused the material from the record and,
considering the request of the applicant, the report of the
Probation Officer was called, which was received; it shows that no
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criminal antecedents are reported after the said incident. The
Probation Officer has recommended the grant of probation. The
incident occurred in the year 2017. The applicant has a family to
support. Considering that the applicant has no antecedents, prior
to the incident as well as after the incident. The alleged incident
has taken place due to the sudden fight and sudden quarrel, and
as no involvement of the present applicant is revealed in criminal
activities, he is entitled to an opportunity to reform.
8. While upholding the conviction, the sentence of
imprisonment and the payment of a fine are set aside, and
applicant is deserved to be released on probation. In view of that, I
proceed to pass the following order:
a] The criminal application is allowed.
b] It is further directed that the applicant shall remain
under the supervision of the concerned Probation
Officer for the next two years.
c] The applicant shall furnish a bond to permanently
reside within the territorial jurisdiction of the
District Probation Officer, Chandrapur, and furnish
to the Probation Officer his phone number and
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permanent address.
d] The applicant shall further undertake not to involve
himself in any criminal or otherwise undesirable
activities.
9. The revision application is allowed and disposed of in
the aforesaid terms.
[URMILA JOSHI-PHALKE, J.]
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