GANGARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is assailing the judgment dtd. 1/8/2007 rendered by the Sessions Judge, Akola in Sessions Trial 170/2007 whereby the appellant is convicted for offence punishable under Sec. 323 of the Indian Penal Code (IPC) and is sentenced to suffer rigorous imprisonment for period of one year and to payment of fine of Rs.1000.00 (Rupees One Thousand), and in default of payment of fine, to suffer further imprisonment for period of two months.

(2.) The case of the prosecution is that the deceased Vitthal Dhanaji had lent Rs.20.00 (Rupees Twenty) to the appellant, who shall be hereinafter referred to as the accused. Vitthal Dhanaji demanded return of the said amount from the accused, in the presence of a person, which left the accused embarrassed and enraged. The accused assaulted Vitthal Dhanaji in the evening of 1/8/2007 with fists and kick blows. Kailash Sheshrao Nasle took Vitthal Dhanaji to the auto-rickshaw stop to proceed further for availing medical assistance. At the auto-rickshaw stop, Vitthal and Kailash met the son of the deceased Balu who was with Dilip Raut. The deceased disclosed the assault to Balu and Dilip. Vitthal was then taken to Police Station, Murtizapur and a report lodged. Vitthal was then taken to the hospital and after availing treatment he returned home. Vitthal, Balu and Dilip were at Vitthal's home when the accused came there and threatened that if the complaint is not withdrawn he would assault Balu too. The accused again assaulted Vitthal. The next morning Balu noticed some swelling on Vitthal's chest and took him to the hospital at Murtizapur from where he was referred to the hospital at Akola. Vitthal succumbed to injuries suffered. Autopsy was conducted and on 4/8/2007 pursuant to report lodged by Balu, offence punishable under Ss. 302, 504 and 506 Part-II of the Indian Penal Code (IPC) was registered. The investigation proceeded on the usual lines. The statements of witnesses were recorded. The accused was arrested and after completion of the investigation the final report under Sec. 173 of the Criminal Procedure Code, 1973 (Code) was submitted in the court of the jurisdictional Magistrate, who committed the case to the Sessions Court.

(3.) The learned Sessions Judge framed charge (Exhibit-23), the accused pleaded not guilty and claimed a trial. The defence is of total denial and false implication. The prosecution examined seven witnesses including PW-1 Balu and PW-5 Dilip Raut. Mohan Aoghate, who is examined as PW-2 is also a material witness, since according to the prosecution it was in his presence that the deceased demanded refund of the loan which met with a violent reaction from the accused. The accused did not step into the witness box nor did he examine any witness in defence. The learned Sessions Judge, held that while the accused is indeed responsible for the death, neither the requisite intention nor knowledge as is envisaged under Ss. 299 and 300 of IPC can be attributed, and therefore, the offence shall not fall under Sec. 302 of IPC. The learned Sessions Judge convicted the accused for offence punishable under Sec. 323 of IPC. The learned Sessions Judge further held that offences punishable under Ss. 504 and 506 Part-II of IPC are not proved.