Bombay High Court
Arun Tulshiram Gawande vs The State Of Maharashtra Thr. Pso Ps ... on 28 March, 2025
2025:BHC-NAG:3381
J Cr.WP-20-2025.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.20 OF 2025
PETITIONER : Arun Tulshiram Gawande,
Age - 67 years, Occ. Nil, R/o. Babhulgaon
Jahangir, Tq. Dist. Akola.
..VERSUS..
RESPONDENTS : 1 State of Maharashtra,
Through its Police Station Officer, Police
Station, Civil Line, Akola.
2 Sanjay Dnyandev Dhepe,
Age - Adult, Occ. Business, R/o. Keshav Nagar,
Akola, Tq. Dist. Akola.
3 Ajay Vitthalrao Dhepe,
Age - Adult, Occ. Business,
R/o. Babhulgaon Jahangir, Akola, Tq. Dist.
Akola.
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Mr S. K. Bhattacharya, Advocate for Petitioner.
Mr M. J. Khan, APP for Respondent/State.
Mr S. U. Dable, Advocate for Respondent Nos.2 and 3.
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CORAM : M. W. CHANDWANI, J.
DATED : 28th MARCH, 2025.
ORAL JUDGMENT
1. The order dated 09.11.2023 passed below Exhibit - 83 by the
learned Chief Judicial Magistrate, Akola, in Regular Criminal Case
No.422 of 2006, thereby rejecting the application of the petitioner for
altering the charges and adding Section 307 of Indian Penal Code, 1860 is
challenged by way of this petition.
J Cr.WP-20-2025.odt
2. The contention is that accused No.2/respondent No.3
threatened the petitioner by telling him "I will kill you here". Thereafter,
accused No.1/respondent No.2 firmly caught hold of the petitioner's
hands and accused No.2 hit him on the head with a wooden stick. It is also
contended that while deciding the application, the learned Trial Court
made observations on the merits of the case which will prejudice the
petitioner.
3. The evidence of the material witnesses has already been
recorded. Rather, the petitioner has deposed that accused No.2 assaulted
him by means of a wooden stick on his head. He has even deposed that
accused No.2 told him that he will kill him there. After considering the
depositions of the material witnesses, the learned Trial Court came to the
conclusion that the petitioner's statement that accused No.2/respondent
No.3 told him that he would kill him there only is nothing but an
omission. Additionally, considering the material evidence of PW-2 as well
as the medical expert PW-7, the Trial Court opined that Section 307 will
not be attracted. There is no dispute to the proposition of law that it is not
the nature of the injury but the intention to kill which is one of the main
ingredients of the offence of attempt to commit murder. The intention is
to be gathered from surrounding circumstances and the nature of injuries
is one of the aspect to be considered while determining the intention.
J Cr.WP-20-2025.odt
4. Though the injured has deposed that while assaulting, accused
No.2 told him that he would kill him there but it is an omission. The
injuries also do not appear to be serious. It also appears from the facts and
circumstances of the case that accused No.2/respondent No.3 made only
one assault on the petitioner and then left him there. This is one of the
surrounding circumstances. Since, the severity of the injury has been duly
considered by the learned Trial Court as well as the learned Revisional
Court, therefore, no interference is required in the findings of the Courts
below. So far as the apprehension of the learned counsel for the petitioner
is concerned that the learned Trial Court has opined on merits, I do not
see anything wrong, particularly since the application for addition of
charges was filed after the material witnesses had been examined.
Therefore, the petition lacks merit and is hereby dismissed.
5. Needless to mention that the Trial Court shall not get
influenced by the observations made by this Court regarding evidence of
assault and other circumstances and decide the case on its own merit.
(M. W. CHANDWANI, J.)
Tambe
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 03/04/2025 10:33:15
