Criminal Appeal No. 436 of 2004. Case: The State of Maharashtra Vs Vijay Bhimraj Wani and Ors.. High Court of Bombay (India)

Case NumberCriminal Appeal No. 436 of 2004
CounselFor Appellant: V.D. Namde, A.P.P. and For Respondents: R.L. Kute, Advocate h/f V.R. Dhorde, Advocate
JudgesS.S. Shinde, J.
IssueIndian Penal Code 1860, (IPC) - Sections 307,323, 34, 447
Judgement DateMay 11, 2017
CourtHigh Court of Bombay (India)


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

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

  2. This Appeal is arising out of the final Judgment and Order passed by the Sessions Court, Shrirampur in Sessions Case No. 42 of 2002 delivered on 26th March, 2004.

  3. The brief facts of the prosecution case are as under:-

    1. One Bhima Karbhari Pandit lodged the First Information Report on 31st July, 2002, with allegations that he is residing/staying with his family in Gut No. 285 of village Jalgaon Chaudhari, Tq-Rahata, Dist-Ahmednagar. Accused persons asked him to lay a water channel through his land Gut No. 285. The informant PW-2 requested them to lay a water channel during Summer session. However the accused persons did not lay a water channel in that season and therefore he sown the crop of Kadwal.

    2. On the day of incident i.e. on 31st July, 2002 at about 8.30 a.m. the informant came home and found that all accused persons arrived at his residence along with one Murlidhar Pandit. They asked the informant for permitting them to lay the water channel through his field. The informant (PW-2) requested them that water channel may be laid from any of the boundaries of the field without damaging the crop of Kadwal. Accused No. 2 - Changdeo Sadashiv Wani got angry and threatened the informant that in any case the water channel should be laid from the field where the crop of Kadwal was standing. It is the further case of the prosecution that accused No. 1 - Vijay Bhimraj Wani drove the tractor and ran over the same through the crop of Kadwal. The informant rushed in front of the tractor and requested the accused persons not to drive it in the crop of Kadwal. However accused No. 1 did not listen the informant and on the instigation of other co-accused, attempted to run over the tractor on the person of the informant. The informant tried to save himself, however, front right wheel of the tractor was run over by accused No. 1 on left leg of the informant. The informant raised alarm whereupon his wife rushed to the spot. After arrival of wife of the informant on the scene of occurrence, all the accused slapped his wife. One Murlidhar Pandit rescued the wife of the informant. Thereafter the accused persons went away from the spot. Relatives of the informant moved him to the hospital of Dr. Murade, wherein he was treated and the doctor found a fracture to his leg. From the hospital the informant...

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