Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order dated 4th January 2001 passed by the Joint Judicial Magistrate First Class, Vaduj, acquitting the respondent Jivan Mahadev Kamble for the offence punishable under Section 326 of the Indian Penal Code, 1860. The prosecution case was that on 10th October 1998 at about 9:00 am, the injured complainant was near Chavadi Chowk in the milk dairy to serve milk. After serving milk, he was going towards Grampanchayat road to his house along with Kisan Ganpat Kadam and Raju Mahadev Pisal. At that time, the accused came from the Grampanchayat side turn and from behind assaulted the complainant with a knife on the hip joint and left hand wrist joint. The complainant turned back and saw Jivan Kamble assaulting him and then running away. Kisan Kadam informed the complainant's house, and Bhagwan Yadav and Pintya Jagdale took the complainant on a bicycle to the public health center at Aundh. Thereafter, the complainant was transferred to Civil Hospital, Satara for further treatment. A case was registered against the accused, and after investigation, a chargesheet was filed under Section 326 IPC. The charge was initially framed under Section 324 IPC but later altered to Section 326 IPC. The accused pleaded not guilty and claimed trial. After trial, the trial court acquitted the accused. The State appealed against the acquittal. The High Court examined the evidence, including the testimony of the injured complainant (PW-1), eyewitnesses Kisan Kadam (PW-2) and Raju Pisal (PW-3), and the medical evidence. The High Court noted that the trial court had found that the injuries were not grievous as defined under Section 320 IPC and that the weapon used was not a dangerous weapon as required under Section 326 IPC. The High Court held that the trial court's findings were not perverse and that there was no ground to interfere with the acquittal. The appeal was dismissed.
Headnote
A) Criminal Law - Acquittal Appeal - Section 326 IPC - Grievous Hurt by Dangerous Weapon - The State appealed against acquittal of accused for causing knife injuries on hip and wrist. The High Court held that the trial court's finding that the injuries did not amount to grievous hurt as defined under Section 320 IPC was not perverse. The medical evidence did not establish that the injuries were life-threatening or caused permanent disability. The appeal was dismissed. (Paras 1-10) B) Criminal Law - Appreciation of Evidence - Ocular and Medical Evidence - The prosecution examined injured complainant and two eyewitnesses. The High Court found that the trial court had properly appreciated the evidence and there was no ground to interfere with the acquittal. The injuries were simple in nature and not caused by a dangerous weapon as required under Section 326 IPC. (Paras 4-9)
Issue of Consideration
Whether the trial court's acquittal of the accused for offence under Section 326 IPC was perverse and liable to be set aside.
Final Decision
Appeal dismissed; acquittal of respondent for offence under Section 326 IPC confirmed.
Law Points
- Acquittal appeal
- Section 326 IPC
- Grievous hurt
- Dangerous weapon
- Appreciation of evidence
- Medical evidence
- Ocular evidence
- Benefit of doubt
