Case Note & Summary
The State of Maharashtra appealed against the judgment of the trial court dated 03/04/1998 in Sessions Case No. 57 of 1993, whereby accused-2 Yashwant Govind Shinde was convicted under Sections 324 and 326 of the Indian Penal Code, 1860 (IPC) and accused-3 Sanjay Anandrao Shinde was convicted under Section 324 IPC, but the State sought enhancement of sentence. The incident occurred on 31/07/1992 at about 9:00 p.m. when the informant Sambhaji Yashwant Gaikwad (PW-8) heard a quarrel outside the house of Ananda Dhondi Shinde (A-1). He saw accused-2 and accused-3 having a verbal altercation with Dilip (PW-2) and Jayawant Laxman Gaikwad (PW-6). During the altercation, accused-2 hit Dilip on the head with an axe, and accused-3 hit Dilip on the hand and also struck Jayawant with a stick. Dilip was examined by Dr. Vilas Vishnu Rawal (PW-7) who noted an incised wound over the parietal region (8 cm x 1 cm) and a lacerated wound on the left upper forearm, with X-ray revealing fracture of the left ulna bone. The FIR was registered based on the statement of PW-8. At trial, prosecution witnesses PW-2, PW-3, PW-4, PW-5, PW-6, and PW-8 deposed consistently with the FIR. The trial court acquitted A-1 as no witness assigned any role to him, and held that there was no common intention between A-2 and A-3 as the assault was preceded by a sudden verbal quarrel. Accordingly, A-2 was convicted under Sections 324 and 326 IPC, and A-3 under Section 324 IPC. A-2 was sentenced to pay a fine of Rs.500/- for the offence under Section 326 IPC, in default simple imprisonment for three months; no separate sentence was imposed for Section 324 IPC. A-3 was sentenced to pay a fine of Rs.500/- for the offence under Section 324 IPC, in default simple imprisonment for three months. The State appealed against the inadequacy of sentence. The High Court, after perusing the evidence, found that the convictions were based on credible testimony and medical evidence. The court noted that the axe used by A-2 was not recovered, and the stick recovered at the instance of A-3 could not be linked due to the hostile witness. However, the oral evidence of eyewitnesses was sufficient to prove the individual acts. The court held that the trial court correctly applied the principle of individual liability as common intention under Section 34 IPC was not established due to the sudden quarrel. Regarding sentence, the court observed that for an offence under Section 326 IPC, a fine of Rs.500/- was inadequate, but since the State had not challenged the conviction and only sought enhancement, and considering the incident was a sudden quarrel, the court declined to interfere. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Grievous Hurt by Dangerous Weapon - Section 326 IPC - Conviction upheld where accused-2 struck victim on head with axe causing incised wound and fracture of ulna - Medical evidence corroborated - Held that conviction under Section 326 IPC is proper (Paras 1-2, 7). B) Criminal Law - Simple Hurt - Section 324 IPC - Conviction upheld where accused-3 struck victim with stick causing simple injuries - Individual act proved - Held that conviction under Section 324 IPC is correct (Paras 1, 7). C) Criminal Law - Common Intention - Section 34 IPC - Not applicable where assault preceded by sudden verbal quarrel - No prior meeting of minds - Held that accused are liable only for their individual acts (Para 6). D) Criminal Law - Sentence - Section 326 IPC - Fine of Rs.500/- with default imprisonment of three months for grievous hurt by axe - State appeal for enhancement dismissed as no interference warranted (Para 7).
Issue of Consideration
Whether the conviction of A-2 under Sections 324 and 326 IPC and A-3 under Section 324 IPC is sustainable on evidence, and whether the sentence imposed is adequate.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Individual liability for overt acts
- Sudden quarrel negates common intention
- Section 324 IPC for simple hurt
- Section 326 IPC for grievous hurt by dangerous weapon
- Sentence of fine only for grievous hurt is inadequate but not interfered with by State appeal
