Kiran S/O Arjunsingh Rathod And 2 Others v. State Of Mah., Thr. P.S.O. Yavatmal City, Distyavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION 112 OF 2020 in CRIMINAL APPEAL 83 of 2020 (Kiran s/o. Arjunsingh Rathod & ors..vs.. State, thr PS Yavatmal City, Dist. Yavatmal) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Shri Saurabh Yerawar, counsel for applicants. Shri S.S. Doifode, Addl. Public Prosecutor for non-applicant. CORAM: ROHIT B. DEO, J.

DATE:17.03.2020.

The appellants are convicted of offence punishable under sections 324 and 307 of the Indian Penal Code.

2.

With the assistance of the learned counsel, I have scrutinized the evidence on record and the reasons recorded by the learned Sessions Judge.

3.

The knife assault which caused grievous injury to PW 2 Durga, was launched by appellant 1 Kiran Rathod. Appellants 2 and 3 assaulted Akshay, Durga's son, with wooden log.

4.

The appellants 2 and 3 have been convicted for offence punishable under section 307 with aid of section 34 of the Indian Penal Code. It is arguable whether the appellants 2 and 3 shared only similar intention or common intention as would attract section 34 of the Indian Penal

Code.

5.

Appellant 2 Arjunsingh is aged 71 years and appellant 2 is a woman. Considering the material on record, the peculiar features of the case as regards appellants 2 and 3, I am inclined to suspend the substantive sentence.

6.

However, in so far as appellant 1 is concerned, there appears to be cogent evidence on record to show that he brutally assaulted PW 2 - lady. Considering the material on record, I am not inclined to suspend the sentence as regards appellant 1 - Kiran Rathod. However, since the substantive sentence is not being suspended, the appeal shall have to be heard early. Hence, this order: (i) The substantive sentence imposed on appellants 2 and 3 is suspended subject to payment of fine.

(ii) The appellants 2 and 3 shall be released from custody.

(iii) Bail shall be as in the trial Court.

(iv) The application for suspension of sentence is rejected as regards appellant 1 Kiran Rahod.

(v) The depositions are placed on record. R & P is received.

(vi) With consent, paper book is dispensed with. (vii) Let the appeal be listed for final hearing on 2.4.2020.

Judge Belkhede RS