Case Note & Summary
The appellants, Kashinath Manik Patil, Shivram Govind Patil, Manik Govind Patil, and Narayan Govind Patil, were convicted under Section 325 read with 34 of the Indian Penal Code, 1860 by the Sessions Court in Sessions Case No. 632 of 1994 for causing grievous hurt to Pandurang Salvi by pelting stones on 23 June 1994 at about 7:00 am. The dispute arose from a pending land dispute between the deceased and the accused. The deceased, while returning from his field, was confronted by the accused who pelted stones, causing him to fall unconscious. His sons rushed to the spot and took him home, where he regained consciousness and disclosed the incident. He then lodged a report at Wada Police Station at 10:30 am, leading to the registration of a crime. The deceased was referred to Rural Hospital, Wada, where Dr. Balkrushna Kamble examined him. The trial court convicted all four accused. Pending appeal, accused nos. 2, 3, and 4 died, and the appeal abated against them. The sole appellant, Kashinath Manik Patil, challenged the conviction. The High Court, after examining the evidence, found that the medical evidence corroborated the ocular testimony of the prosecution witnesses. The court noted that the injuries sustained by the deceased were grievous in nature and were consistent with stone pelting. The court held that the prosecution had proved its case beyond reasonable doubt against the appellant. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Grievous Hurt - Section 325 read with 34 IPC - Conviction - Appeal against conviction for causing grievous hurt by pelting stones - Medical evidence corroborated ocular testimony - Held, conviction upheld (Paras 1-9). B) Criminal Procedure - Abatement of Appeal - Death of accused pending appeal - Appeal abates against deceased accused under Section 394 CrPC - Held, appeal abates against accused nos. 2, 3, and 4 (Para 2).
Issue of Consideration
Whether the conviction of the appellant under Section 325 read with 34 of the Indian Penal Code, 1860 is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence of appellant Kashinath Manik Patil under Section 325 read with 34 IPC upheld. Appeal abated against deceased accused nos. 2, 3, and 4.
Law Points
- Section 325 read with 34 IPC
- Grievous Hurt
- Common Intention
- Abatement of Appeal on Death of Accused
- Corroboration of Medical Evidence with Ocular Testimony
