Criminal Appeal Nos. 591, 680 and 683 of 2003. Case: Dadu and Ors. Vs The State of Maharashtra and Ors. Bombay High Court

Case Number:Criminal Appeal Nos. 591, 680 and 683 of 2003
Party Name:Dadu and Ors. Vs The State of Maharashtra and Ors
Counsel:For Appellant: Shailesh S. Chapalgaonkar, Adv. and For Respondents: D.R. Kale, APP
Judges:S.S. Shinde, J.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Section 313; Indian Penal Code 1860, (IPC) - Sections 307, 323, 325, 326, 34; Probation Of Offenders Act, 1958 - Section 4
Judgement Date:May 09, 2017
Court:Bombay High Court
 
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Judgment:

S.S. Shinde, J., (Aurangabad Bench)

  1. Heard the learned A.P.P. appearing for the State and the learned counsel appearing for the original accused.

  2. Criminal Appeal No. 591 of 2003 is filed by appellant/accused No. 1, challenging the Judgment and Order of conviction dated 13th August, 2001 passed by the Sessions Judge, Kopargaon, in Sessions Case No. 10 of 2001, thereby convicting him for the offence punishable under Section 325 of the Indian Penal Code (for short "I.P.C.").

    Criminal Appeal No. 680 of 2003 is filed by the appellant/State seeking enhancement of sentence awarded to original accused No. 1 in Sessions Case No. 10 of 2001 by the Sessions Jude, Kopargaon.

    Criminal Appeal No. 683 of 2003 is filed by the State, challenging the Judgment and Order of conviction dated 13th August, 2001 passed by the Sessions Judge, Kopargaon, in Sessions Case No. 10 of 2001, thereby acquitting the original accused Nos. 2 to 4 for the offences punishable under Sections 307 and 323 read with section 34 of the I.P.C.

  3. The prosecution case, in brief, is as under:-

    (A) Complainant (PW-1) Dinkar is residing at Korhale along with his family members and is working as a peon in Agricultural Department. Kusum is his wife, Santosh is his son, Ujwala, Kamal and Nirmala are the daughters of THE complainant. Nirmala is married and on 29th October, 2000 she had come to village Korhale for Diwali festival. The complainant owned and possessed the agricultural land at village Korhale. At the time of incident, there was pulses (moog math) standing in the land of the complainant. On the day of incident, the complainant returned from his duty at about 6 p.m., at that time his daughter Ujwala informed him that the cattle of accused Dadu Waghmare were grazing in the field of complainant, and when she asked Dadu about the same, he got annoyed and abused, threatened and assaulted her.

    (B) It is the case of the prosecution that, the complainant thereafter went to the house of Dadu and asked about the said incident of assault. At that time, Dadu got annoyed and assaulted Nirmala by an axe on her head. When complainant tried to rescue Nirmala, accused Dadu assaulted him from back side on his head, and at that time accused Rakhma and son of Dadu assaulted the wife of complainant by stick on her head. Daughter Kusum was also assaulted by the accused on her head. Wife of accused Dadu also assaulted. All were injured and, therefore, they were taken to Pravara Hospital Loni by the son of complainant by Jeep.

    (C) It is the case of the prosecution that, the Deputy Superintendent of Police, Shri Jadhav, on the day of incident was on patrolling duty along with other police staff and at Babhaleshwar Outpost, he received telephonic message from PSO Rahata that incident of assault took place at village Korhale and four injured were admitted in the hospital. Immediately, after receipt of said information, he rushed to Pravara Hospital, Loni. He found complainant and others were admitted in the hospital in injured condition. Nirmala was serious, therefore after giving first aid, she was shifted to Nashik for further treatment. In the hospital Deputy Superintendent of Police, Shri Jadhav recorded the statement of the complainant. On the basis of his statement, an offence bearing C.R. No. 79 of 2000 was registered against the accused. Thereafter, the investigation was carried out.

    (D) It is the case of the prosecution that, in morning, the Deputy Superintendent of Police went to village Korhale and prepared spot panchanama in presence two panchas. From the spot, he seized soil mixed with blood, one stone stained with blood and one human tooth. All these articles were seized under spot panchanama. On the same day, he recorded the statement of eye witnesses and on 2nd November, 2010 he arrested the accused Nos. 1 to 3 under arrest panchanama. On 3rd November, 2000, he visited Pravara Hospital and recorded the statement of injured. At that time he also seized blood stained cloths of injured Dinkar, Kusum and Kamal in presence of panchas.

    (E) It is the case of the...

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