Case Note & Summary
The case arises from a criminal appeal against the judgment of the Additional Sessions Judge, Aurangabad, in Sessions Case No. 276 of 1993. The appellants, originally accused nos. 3 to 6, were convicted under Section 323 read with Section 34 of the Indian Penal Code for voluntarily causing hurt to the complainants, Raju Tukaram Jadhav and Santosh Baliram Jadhav. They were sentenced to rigorous imprisonment for one year and a fine of Rs. 1,000 each, with default imprisonment. The trial court acquitted all accused of the more serious charges under Section 302 read with Section 34 IPC (murder) and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The factual matrix involves a dispute between the accused and the injured persons, leading to an incident where the appellants caused injuries to the complainants. During the pendency of the appeal, two of the appellants (Kashinath Piraji Deobone and Shivaji Maruti Wakale) died, and their appeal abated. The surviving appellants, Ramesh Gopinath Jadhav and Shivaji Bhimrao Hadke, challenged their conviction. The High Court, after hearing arguments, examined the evidence and found that the prosecution had proved the injuries caused by the appellants. The court noted that the trial court had correctly appreciated the evidence and that there was no reason to interfere with the conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Simple Hurt - Section 323 read with Section 34 IPC - Conviction for causing simple injuries - The appellants were convicted for voluntarily causing hurt to the complainants, while acquitted for murder and atrocities charges. The High Court upheld the conviction, finding the evidence of injuries consistent and reliable. (Paras 1-10) B) Criminal Procedure - Abatement of Appeal - Death of Appellant - Appeal abates against deceased appellants - Two appellants died during pendency of appeal, and the appeal abated as to them. The appeal proceeded only against the surviving appellants. (Para 4)
Issue of Consideration
Whether the conviction of the appellants under Section 323 read with Section 34 IPC is sustainable in law.
Final Decision
Appeal dismissed. Conviction and sentence of appellants under Section 323 read with Section 34 IPC upheld.
Law Points
- Section 323 IPC
- Section 34 IPC
- Section 302 IPC
- Section 3(1)(x) SC/ST Act
- Acquittal for murder
- Conviction for simple hurt
- Abatement of appeal on death of appellant
