GANPAT RAMJI SHRIRAME Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted by the learned Sessions Judge, Chandrapur for the offences punishable under Sections 307 and 324 of the Indian Penal Code. He has been sentenced to suffer rigorous imprisonment for five years for the offence punishable under Section 307 of the Indian Penal Code and rigorous imprisonment for one year for the offence punishable under Section 324 of the Indian Penal Code. The appellant along with accused No. 2 Janba Devaji Choudhari were prosecuted for the offences punishable under Sections 307, 324 and 447 read with Section 34 of the Indian Penal Code. Accused No. 2 has been acquitted of all the charges. As already stated, the appellant has been convicted of the offences punishable under Sections 307 and 324 of the Indian Penal Code and has been sentenced, as stated above. 2. The complainant had got a civil suit decided in his favour and pursuant to the said decision, he had to take possession of the field situated at Gat No. 255 in village Navegaon Khairi, Tahsil Sindewahi, District Chandrapur. The appellant was in possession of the said field. It is on 30th June, 2009 that the complainant was directed by the police to remain present in the field to take possession of the field. The complainant Murlidhar Bagde reached the field along with two panchas namely Shamrao Kowe and Hiraman Jivtode. The appellant and accused No. 2 reached there within a short time and they started quarreling with the complainant on the issue of possession. It is alleged that they had threatened the complainant that he would be killed. It is during the said quarrel that the appellant had taken out Chilli powder sachet from his pocket and threw chilli powder in the eyes of the complainant Murlidhar Bagde and panch Shamrao Kowe. After throwing chilli powder in the eyes of the complainant and panch Shamrao Kowe, the appellant had allegedly assaulted the complainant by means of a knife. The complainant had sustained seven injuries. The complainant was removed to Rural Hospital, Sindewahi. Thereafter he was referred to Hospital at Chandrapur and ultimately he was brought for further treatment to Getwell Hospital, Nagpur.

(2.) During the course of investigation, the appellant and accused No. 2 were arrested. Clothes of the complainant and accused were seized by the police. Statements of the witnesses were recorded and chargesheet was filed in the court of learned Magistrate.

(3.) When the case came up for hearing before the learned Additional Sessions Judge, a requisite charge was framed. The appellant and accused No. 2 had pleaded not guilty to the charge. As stated earlier, accused No. 2 has been acquitted and the appellant has been convicted for the offences punishable under Sections 307 and 324 of the Indian Penal Code. The conviction for the offence punishable under Section 307 of the Indian Penal Code refers to the injuries sustained by the complainant and the conviction for the offence punishable under Section 324 of the Indian Penal Code refers to the injuries caused by means of Chilli powder suffered by the complainant and panch witness Shamrao Kowe.