Case Note & Summary
The appeal arises from a judgment of the 4th Additional Sessions Judge, Jalgaon, in Sessions Case No. 238/1998, convicting the four appellants for the offence punishable under Section 325 read with 34 of the Indian Penal Code, 1860. The deceased, Pandit Fulsing Gaikwad, was a labour contractor residing in village Lavanje, as were the appellants. Appellant Nos. 1 to 3 were real brothers, and appellant No. 4 was a co-villager. Due to competition in the labour supply business to persons from Gujarat State, relations between the appellants and the deceased were strained. On 16 August 1998 at about 7:30 p.m., near the S.T. stand of village Lavanje, the deceased alighted from a bus and was returning home. The appellants and two others intercepted him, and appellant Amin picked a quarrel. During the quarrel, the deceased was assaulted with an iron bar, a chain, and sticks, causing bleeding injuries on his head, abdomen, and legs. The incident occurred near the house of Tarabai Wagh, who shouted for help. The deceased's sons, Deelip and Walmik, arrived at the spot, and the assailants fled. The sons took the deceased first to the police station to give a report, but the police advised them to take him for treatment. He was then shifted to Municipal Hospital, Chalisgaon. The prosecution examined eyewitnesses including the sons and Tarabai Wagh, and medical evidence confirmed multiple fractures and grievous injuries. The trial court convicted all four appellants under Section 325 read with 34 IPC. On appeal, the High Court examined the evidence and found that the eyewitness accounts were consistent and corroborated by medical reports. The court held that the appellants shared a common intention to cause grievous hurt, as they acted in concert using dangerous weapons. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Grievous Hurt - Section 325 read with 34 Indian Penal Code, 1860 - Common Intention - Assault with iron bar, chain and sticks causing multiple fractures - Medical evidence corroborated eyewitness testimony - Held that the prosecution proved beyond reasonable doubt that appellants shared common intention to cause grievous hurt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 325 read with 34 IPC is sustainable based on the evidence of eyewitnesses and medical reports.
Final Decision
Appeal dismissed. Conviction and sentence under Section 325 read with 34 IPC upheld.
Law Points
- Section 325 IPC
- Section 34 IPC
- grievous hurt
- common intention
- dangerous weapons
- medical evidence corroboration
