LAWS(BOM)-2021-9-351

AJAY VISHNU BHOIR Vs. STATE OF MAHARASHTRA

Decided On September 13, 2021
Ajay Vishnu Bhoir Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The incident, which took place on 14/03/2021 has its roots in the incident of 2010, when the Complainant and his associates faced a charge for murder of father of Applicant No.3 - Sachin Pavashe, though the trial resulted in their acquittal.

(2.) It is alleged that to revenge the said act, the present incident took place on 14/03/2021. Complainant Pradip states that a religious function was ongoing when Applicant No.1 Ajay verbally abused him. He returned after sometimes along with Rohit (Accused No.2) and it is alleged that while Ajay was armed with a sword, Rohit was having a rusted iron rod in his hand. Before any explanation could be offered, the two started assaulting the Complainant. Ajay assaulted the Complainant causing an injury on his right finger and Rohit assaulted him by means of iron rod causing injury in his head. As far as Accused Nos.3 and 4 are concerned, who were described as unknown persons in the FIR and later on identified as the ones who accompanied Accused Nos.1 and 2, they are alleged to have assaulted the Complainant by fists and blows.

(3.) The Complainant was referred to Chhattrapati Shivaji Maharaj Rugnalay and the medical papers record "tenderness present at proreimal phalymx of ring finger". X-Ray reveals fracture. There are no other injuries which are noticed by the Municipal Hospital when the patient was examined. He was shifted to a private hospital, which has issued a certificate at page No.45, which includes 10 injuries of which, two injuries at occipital region and sub-occipital region being simple injuries. Two injuries are described as CLW over right little finger and fracture. The other injuries are bruises on knees, elbows, etc.