MANOHAR LAXMAN RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The R and P has been received.

(2.) With the assistance learned counsel for the applicant Mr. Dixit and learned APP, I have perused the R and P.

(3.) In pursuance to what has been recorded in the order dtd. 16/6/2022, the evidence of PW-2 Sunil Shamrao Kavathkar regarding the assault by the accused persons, is consistent with injuries received by him as per the medical report at Exh.67, which has been proved by Dr. Santosh Suratsing Jadhav PW-7 who has examined the PW-2 on 10/4/2013 at Rural Hospital, Digras, who opined that all the injuries were simple in nature and caused by hard and blunt object and so also were fresh injuries, having different healing period. Though in his cross-examination he has admitted that injury no.1 may be old and injuries 2 to 5 in Exh.67 were possible by fall on ground with some force, that by itself does not detract from the nature of injuries suffered by PW-2. The evidence of PW-3 Laxman Rajaram Kavathkar is in consonance with the deposition of PW-2 and indicates that he had taken the PW-2, who was injured, from his field in the Digras Police Station. The seizure panchnama of the stick at Exh.41 has been proved by PW-4 Achyut Rajaram Kavathkar, though suggestions have been given to him regarding the timing and the seizure not being effected, he has denied the same. PW-5 Santosh Baban @ Sopanrao Mohite has turned hostile, however, his evidence is only in relation to reaching of PW-2 to Rathi Petrol Pump and therefore is not of much consequence. PW-6 Raju Sitaram Bhagat is the Police Head Constable, who has prepared the spot panchnama Exh. 42 as well as the seizure memo Exh.41. Though he states that the seizure memo was prepared in the Police Station, that by itself, would not deter from the efficacy of the seizure panchnama.