High Court
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{1} CR APPEAL 478 OF 2024IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPEAL NO. 478 OF 2024Irfan Sharif KhanAge: 32 years, Occu. : Labour,R/o. Irani Galli, Shivaji Nagar,Parli (V), Tq.Parali (V),Dist.Beed.….Appellant VersusThe State of Maharashtra…..Respondent….. Advocate for Appellant : Mr.Sudarshan J. Salunke APP for Respondent : Mr.P.K.Lakhotiya ….. CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 17 APRIL, 2025 PRONOUNCED ON : 25 APRIL, 2025 JUDGMENT :- 1. Convict in Sessions Case No.24 of 2016 is hereby takingexception to judgment and order dated 04-05-2024 passed bylearned Additional Sessions Judge, Ambajogai, Dist.Beed, by whichpresent appellant was held guilty for offence punishable underSections 353, 332, 336 of the Indian Penal Code (IPC). PROSECUTION CASE IN BRIEF 2. A team of Bhagyanagar Police Station, Nanded approached {2} CR APPEAL 478 OF 2024Parali City Police Station on 17-01-2015 and sought their assistanceand aid in apprehending a suspected accused (present appellant)wanted in a crime. A joint team was constituted, which proceeded insearch of suspect at destination of which secret information wasreceived. According to prosecution, appellant noticed arrival ofPolice and to escape and evade arrest, he pelted stones and bricksover the team from the terrace of the building causing injuries to thePolice personnel. On above premise report was lodged by the injuredPolice personnel thereby setting law into motion and its crime beingregistered and investigated by PW6 Gholve (PSI), who aftergathering sufficient evidence, chargesheeted appellant, who was triedvide Sessions Case No.24 of 2016 by learned Additional SessionsJudge, Ambajogai, District Beed, who appreciated oral evidence of sixwitnesses and documentary evidence and accepted the case ofprosecution as proved and consequently, by judgment and orderdated 04-05-2024, held appellant guilty for offence under Sections332, 353 and 336 of the IPC and sentenced him to suffer rigorousimprisonment for three years, two years and three monthsrespectively and to pay fine. It is the said judgment, which isimpugned herein by way of instance appeal. {3} CR APPEAL 478 OF 2024SUBMISSIONSOn behalf of appellant :3. Apprising this Court about the background of the FIR, it issubmitted that all witnesses examined by prosecution are Policepersonnel and are interested witnesses. That, inspite of allegedoccurrence taking place in residential locality, no independentwitness has been examined. That, there are allegations of pelting ofstones and bricks, but such articles are not before the Court. Hewould submit that answers given by prosecution witnesses in cross-examination, more particularly, by PW6 Investigating Officer, clearlyshows that a case has been developed for false implication. That,there is no cogent and reliable evidence. That, essential ingredientsfor attracting the charges were patently missing, however, learnedtrial Judge failed to consider the same and erred in returning theguilt and hence, he seeks indulgence at the hands of this Court byallowing the appeal. On behalf of State :4. Learned APP took this Court through the evidence of injuredwitnesses PW1 Yele. He pointed out that, all prosecution witnessesare consistent. That, their testimonies in substantive evidence has {4} CR APPEAL 478 OF 2024remained intact and undisturbed. He submitted that, merely becausewitnesses are Police personnel, they cannot be termed as interestedwitnesses, rather it is his submission that the circumstances in whichthe incident took place, there are hardly be any independent witnessas absconding and wanted accused appellant was to be apprehended.He further pointed out that there was obstruction in performingofficial duty. That, Police personnel are injured in the said incident.That, medical evidence support harm and injuries caused to them.Therefore, necessary ingredients for attracting the charges beingavailable, it is his submission that there is no infirmity or perversityin the findings reached at by the learned trial Judge andconsequently, he prays for dismissal of the appeal for want of merits. EVIDENCE IN TRIAL COURT5.In support of its case, prosecution has adduced evidence of inall six witnesses. Sum and substance of their evidence is as under :PW1 Amol Ankushrao Yele is the Police Head Constable, wholodged report exh.28. He deposed at exh.27 as under :“01. On 17/01/2015, I was attached to the Parli City PoliceStation as Police Naik. I was member of team of detectionbranch which consists of PHC Dolas, PC Sanap, Police Naik {5} CR APPEAL 478 OF 2024Pawar. While I was present on duty, the team from Bhagyanagar,Police Station Nanded visited our police station. The said teamaided by PSI Pradeep Palewal. The said team visited Parli forsearch of suspected accused in the offence committed u/sec 392of IPC within their jurisdiction They were suspecting accusedIrfan Sharifkhan R/o Irani Galli in the said offence.02.Thereafter, PI Chavan from our police station directed theteam of D.B. to accompany and assist the said team ofBhagyanagar Police Station. Thereafter, the team ofBhagyanagar and team of D.B from our police station proceededto the Irani Galli towards to the house of accused IrfankhanSharifkhan At that time, we noticed accused Irfankhan. Afternoticing the team, the accused rushed on terrace. The accusedstarted pelting brick pieces on me from the terrace. Out ofwhich, one brick caused injury on my head and due to which, Ifell down by fainting. Thereafter, the members of both the teamrushed awards me. Thereafter, police naik pawar took me to theGovt. Hospital, Parli.03.Thereafter, I have taken the treatment in the Govt.Hospital. After discharge, I have flied complaint againstaccused for commission af offence punishable u/sec. 353, 332of I.P.C. The complaint produced on record now shown to me isthe same. It bears my signature. The contents are true andcorrect, it is marked as Ext. 28. can identify the accused, ifshown to me. The photograph of accused available on arrestform is the same. I was knowing the accused Irfankhan as hewas suspected accused in the offence of similar nature of ourpolice station also.” {6} CR APPEAL 478 OF 2024PW2 Dinesh Apparao Kurme is the Medical Officer, whoexamined informant PW1 Yele. At exh.33 he deposed as under :“01.On 17/01/2015, I was attached to the Sub-Dist. Hospital, Parli as a Medical Officer. I was having dutyfrom 9.00 p.m. of 16/01/2015 till 9.00 a.m. of17/01/2015. While I was present on duty. the injured AmolAnkushrao Yele came to the hospital. I have examined theinjured. On examination I have found C.L.W. Parietal bone.Size. 4 x 2 cm, the cause of injury - hard and blunt. Theage of Injury was within four hours, the nature of injury issimple. Accordingly, have issued medico legal certificateThe said certificate produced en record now shown to meis the same. It bears my signature. The contents are trueand correct. It is marked as Exn. 34 Such type of injuriesare possible if person is assaulted by means of stone andbrick.” PW3 Rahul Dolas is Assistant Sub-Inspector, who is an eyewitness. He deposed at exh.35 as under :“01.In the year 2015, I was attached to the City Police stationParli Vaijnath as Police Head Constable. On 17/01/2015 PoliceInspector Pradeep Palewal from Bhagyanagar Police Station,Nanded came to our police station for arrest of the accusedrequired in C.R.No 7/2015 registered u/sec. 392 r/w 34 of IPCwith their police station Therefore, P.I. Chavan from our policestation deputed the staff from DB team to assist the said stafffrom Bhagyanagar Police Station. I alongwith police staff Yele,
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{7} CR APPEAL 478 OF 2024Pawar and Sanap accompanied with the team of BhagyanagarPolice station. Thereafter, I alongwith the team of our D.B. andBhagyanagar Police station went to the Irani Galli, Parli to thehouse of accused. The accused closed the door after noticing us.Thereafter, he went on terrace by hurling abuses. He startedpelting stone from the terrace on police staff. Thereafter, theaccused pelted stone on the head of the complainant Shri.Yele.At that time, Shri Yele sustained head injury. Therefore, policestaff Pawar took the complainant to the hospital. Meanwhile,the crowd from the Irani Galli gathered at the spot. Therefore,we returned to the police station Thereafter Yele filed complaintagainst accused. My statement was recorded during course ofinvestigation. I can identify the accused, if shown to me. Today,accused is present in the Court.”PW4 Ramsing Jaypalsing Bayas is the Police Head Constable.He is also an eye witness. He deposed at exh.38 as under :“01.I was working as a Police Head Constable atBhagyanagar Police Station Nanded from 2009 to 2016. Theincident took place on 17/01/2015. On that day I alongwith P.1.Pradeep Palewar, API Dubal, PHC Khandare, Police Naik Rathod,P.C. Kamble, P.C. Dhawle, PC Damekar came to Parli City PoliceStation in search of accused Thereafter, we asked for assistancefrom Parli City Police Station. Al that time, police staff Yele,Pawar, and Sanap proceeded to the Irani Galli, Parli in search ofthe accused in C.R. No.7/2015 u/sec 392 of IPC registered withBhagyanagar Police Station. When we reached at the spot, atthat time, the accused Irfan Shanfkhan after noticing Police staffwent on roof of the house. He started pelting stones in the {8} CR APPEAL 478 OF 2024direction of police staff. At that time, police staff Yele sustainedgrievous injury over his head due to pelting of stone. Thereafter,with the help of Police staff Pawar, he was taken to the Govt.Hospital. Thereafter, we caught the accused Irfan Sharifkhanand brought him to the Police Station, Parli Police Station.Thereafter, police staff Yele filed complaint against accused forobstructing while discharging official duty as public servant. Mystatement is recorded during course of investigation. I canidentify the accused, if shown to me. Today, accused producedfrom the jail. Accused before the court is same.”PW5 Sakharam Gampu Pawar is Police Naik, who is also an eyewitness. He deposed at exh.39 as under : “01.On 17/01/2015 I was attached to the Parli CityPolice station. On that day Police Inspector Pradeep Palewar, APIDubal and other police staff from Bhagyanagar Police stationcame to Police Station Parli City in search of accused.Thereafter, as per the instructions given by our P.I., I haveaccompanied with them alongwith PHC Dolas, Police Naik Yele,PC Sanap proceeded to the Irani Galli, Parli. When we reachedat the spot, at that time, the accused Irfan Sharifkhan startedpelting stones in the direction of police staff. At that time, onestone hit on head of police Naik Yele. Due to which, hesustained injury. Hence, I alongwith PC Sanap took Shri Yele tothe Govt. Hospital. After taking preliminary treatment, wereturned to the Police Station. Thereafter, Police Naik Yele filedcomplaint. My statement is recorded during course ofinvestigation. I can identify the accused, if shown to me. Today,accused produced from the jail. Accused before the court issame.” {9} CR APPEAL 478 OF 2024PW6 Chandrakant Limbraj Gholve is the then PoliceSub-Inspector. He is the investigating Officer, who visitedthe spot, conducted spot panchanama and after gatheringsufficient evidence, arrested the accused. His evidence is atexh.42. ANALYSIS 6. Re-appreciated and re-analyzed the evidence. The sum andsubstance of prosecution story is that a team of Bhagyanagar PoliceStation, Nanded were to arrest wanted accused (present appellant) ina crime bearing no.07 of 2025 for offence under Section 392 readwith 34 of the IPC and on information about appellant available injurisdiction of Beed Police Station, they all duly approached ParaliPolice Station first, sought their help and a joint team went to thedestination and after seeing Police arrived, to evade arrest, appellantran on the terrace and thereafter, pelted stones targeting Policepersonnel causing injuries. PW1 Yele is examined at exh.27 and he is injured informant. PW3 Dolas (ASI) and PW4 Bayas (PHC), who were alsomembers of team are eye witnesses and their evidence is at exhibits35 and 38 respectively. On analyzing their evidence, it is emergingthat they are consistent that when the team visited Parali in search of {10} CR APPEAL 478 OF 2024suspect in Irani Galli, they noticed appellant, who after noticing theteam, allegedly rushed on the terrace and started pelting bricks /stones from the terrace. A brick struck PW1 Yele on his head and hewas required to be taken to the hospital. While in hospital, PW1 Yelelodged report setting law into motion. PW3 Dolas and PW4 Bayasalso duly supported to the above story of PW1 Yele. PW3 Dolas (ASI), who was also in the company of PW1 Yele,stated about a team of Bhagyanagar Police Station, Nandedapproaching City Police Station, Parali Vaijinath, they being part ofthe team, which was prepared for apprehending wanted accusedappellant, they all approaching Irani Galli, where appellant wasresiding and on seeing Police, appellant rushing towards terrace andto evade and avoid arrest, appellant pelted bricks on the Police partycausing injury to PW1 Yele. On visiting cross-examination, nothing adverse or nothingdamaging to the prosecution version has come on record.7.Apart from evidence of PW1 Yele, PW3 Dolas and PW4 Bayas,prosecution has also examined PW2 Dr.Kurme, who in his evidence atexh.33 has deposed about examining PW1 Yele. He has issued injurycertificate exh.34. {11} CR APPEAL 478 OF 2024Therefore, there is injured witness account, eye witnessaccount supported by medical evidence. Patently and evidentlyessential ingredients for attracting charges are available andtherefore, learned trial Judge has not committed any error in holdingcharges to be proved. 8.Perused the impugned judgment. Learned trial Judge hasappreciated available evidence in correct perspective. Bothsubstantive evidence as well as answers given in cross-examinationare put to minute scrutiny and on noting availability of essentialingredients to attract the charges, guilt has been recorded.Therefore, the view taken by the learned trial Judge is the correctview and is the only possible view that could emerge even on re-appreciation of evidence. No case being made out for interference,appeal deserves to be dismissed. Hence, following order is passed. ORDER Criminal Appeal No.478 of 2024 is hereby dismissed. ( ABHAY S. WAGHWASE ) JUDGE SPT