Case Note & Summary
The petitioners, Rajaram Dada Tikule, Dada Bhau Tikule, and Sopan Khandu Tikule, were convicted by the Judicial Magistrate First Class (J.M.F.C.) for the offence punishable under Section 325 read with Section 34 of the Indian Penal Code (IPC) and sentenced to six months simple imprisonment and a fine of Rs.500, with a default sentence of one month. They challenged this conviction and sentence before the Bombay High Court in a criminal revision application. The High Court heard the learned counsel for the petitioners, Mr. K.B. Sohwalkar, and the learned APP for the State, Mrs. M.R. Tidake. The court examined the evidence and found that the prosecution had established that the petitioners, acting with common intention, caused grievous hurt to the victim by hitting him with a stick. The court noted that all three petitioners were present at the scene and participated in the assault, which demonstrated their common intention. The injuries sustained by the victim were grievous in nature. The High Court held that the trial court's findings were based on credible evidence and that there was no ground to interfere with the conviction or sentence in revision. Accordingly, the revision application was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Grievous Hurt - Section 325 r/w 34 Indian Penal Code, 1860 - Conviction upheld - Petitioners challenged conviction for causing grievous hurt with a stick - Court found that the presence and participation of all three petitioners at the scene, along with the nature of injuries, established common intention - Held that the trial court's findings were based on credible evidence and no interference was warranted (Paras 1-2).
Issue of Consideration
Whether the conviction of the petitioners under Section 325 read with Section 34 IPC is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the revision application and upheld the conviction and sentence.
Law Points
- Section 325 IPC
- Section 34 IPC
- Common intention
- Grievous hurt
- Revision against conviction
