BABASAHEB SHAMGONDA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence of imprisonment awarded by the Additional Sessions Judge, Ichalkaranji, Dist. Kolhapur vide Judgment and order dated 20 th April, 2019 in Sessions Case No.39 of 2012. The applicants are convicted for the offences under Sections 341 r/w Section 34 of IPC and Section 307 r/w Section 34 of IPC. They were sentenced to undergo simple imprisonment for One month and rigorous imprisonment for Ten years respectively on each count.

(2.) The prosecution case is that, the applicants are brothers. There is dispute between the injured and the accused regarding boundary of agricultural land and litigation is pending in Court. On 23rd November, 2011, the applicants assaulted the complainant by sword and axe. The applicant No.1 was armed with sword whereas the applicant No.2 was in possession of axe. Applicant No.1 assaulted injured Aba Chavan by sword on head and neck. Applicant No.2 assaulted by axe on thigh of injured. The injured was taken to IGM Hospital, Ichalkaranji. Initially he was treated in the said hospital and thereafter transferred to Sanjivani Hospital, Ichalkaranji. Subsequently he was discharged from the said hospital.

(3.) Learned counsel for the applicant submitted that the applicants were falsely implicated on account of enmity. The complainant is habitually filing false proceedings against several persons. The applicants were on bail during the trial and facility of bail were not misused by them. Both accused are residing in the same village where the alleged incident had occurred. The evidence on record clearly establishes that accused No.2 has been falsely implicated in this case. It is submitted that the complainant was hospitalized in Sanjivani Hospital, however, Medical Officer from the said hospital has not been examined by the prosecution. There is no opinion of the medical officer indicating that the injuries sustained by the injured were sufficient in ordinary course to cause death hence the offence under Section 307 is not attracted. It is further submitted that the nature of injuries itself would indicate that the offence under Section 307 of IPC is not made out and at the most Section 326 of IPC may be attracted. The evidence of witnesses is contrary to the Medical Officer from the IGM Hospital, Ichalkaranji who had initially treated the injured. In the history provided by patient, there was reference of only one weapon. There were no blood stains on the weapons. Injuries inflicted on complainants are not possible with weapons like Sword and Axe. No independent witness has been examined.