Tukaram & Ors vs State Of Maharashtra

TUKARAM & ORS. .. APPELLANT(S)

vs.

STATE OF MAHARASHTRA .. RESPONDENT(S)

WITH

CRIMINAL APPEAL NO. 1195 OF 2007

WITH

CRIMINAL APPEAL NO. 615 OF 2011

(Arising out of SLP(Crl.)No. 1935 of 2011)

O R D E R

As per the prosecution story the appellants and the

complainant party constituted two different groups in an

organization called the Dalit Mukti Sena. It appears that

both groups had been invited to the marriage of one Anil

Janjale on the 22nd May, 1995 which was performed at the

Shishu Mandir near the Railway Hospital. After the

marriage the deceased Prakash was returning to his home

along with his friends Pradeep, Nana Mahajan (PW.2) and

others at about 11.00 p.m. As they came near the Hindi

Church all the accused followed them. Bhagwan Salve, since

deceased, and A.6 Jagan Sonawane were armed with iron

rods. Bhagwan Salve caught hold of the shirt of the

deceased whereupon the other accused assaulted him and hit

him by giving fist blows whereas A.5 Raju Suryawanshi who

-2-

was armed with a knife dealt a blow on the left buttock and

Bhagwan Salve and A.6 Jagan Sonawane hit him with iron rods

on the back and stomach. The deceased who was then

grievously injured was taken to the Railway Hospital where

PW.10 - Dr. Gangurde examined him and admitted him into the

Surgical Ward. His statement was recorded by PW.12-

P.I.Panwar and a case under Sections 147, 148, 324, 504 and

506 r/w 149 of the IPC was registered.

On the admission of the deceased, Dr. Gangurde

summoned Dr. Dhakate (PW.11) a Surgeon, who found an

injury on the buttocks which was stitched up the very same

evening. On the 24th, however, the patient developed signs

of internal bleeding and it was decided to perform an

operation. On opening the stomach it was found at that

stage that the intestines had been perforated at the

jejunum, the spleen too was ruptured and there was an

omental tear causing bleeding from the veins and about 100

c.c. foul smelling liquid was also found in the peritonial

cavity which was suctioned out. The Spleen was also removed

and the bleeding areas were ligatured. On the 5th June,

1995 faecal matter was seen coming out from the stomach

which led to the bursting of the abdomen and as a

consequence thereof a second operation was performed on the

6th June, 1995 and it was at that stage noticed that the

buttock injury was 8.5 cms. deep and that a finger

inserted from the rectum could meet a finger inserted into

-3-

the perforation on the buttocks. Consequent to this

development the patient developed septicemia and pneumonia

and died on the 9th June, 1995 at about 2.00 p.m. A case

under Section 302 was registered against the accused. On

the completion of the investigation they were brought

to trial inter alia under Sections 147, 148 and 302/149 of

the IPC. The Trial Court relying on the eye witnesses

account and the medical evidence convicted the accused for

offences punishable under Sections 302/149 etc. of the IPC

and sentenced them to various terms of imprisonment. An

appeal was, thereafter, taken to the High Court and the

High Court, has, while confirming the conviction, modified

the sentence to one under Section 304 (I) read with Section

149 of the IPC and maintained the sentences and conviction

under the other provisions of the IPC. In doing so the

High Court opined that there was no intention on the part

of the accused to cause death and the injury that they had

caused could be said to be likely to cause death. It is in

this situation the matter is now before us.

As already indicated above, a very limited relief

can be granted to the accused in this matter. We find from

the reading of the medical evidence that PW.11 Dr. Dhakate

at the very initial stage did not realize the gravity of

the situation as he had seen only one injury on the person

of the deceased which was the external injury on the

buttocks as he did not even look at the possibility that

some internal injuries too could have been caused

considering the manner of the attack.

-4-

This comes out from the evidence of the doctors PWs.10 and

11. It is true that the Doctors have tried to cover up

their indifference and negligence by deposing that the

death could be attributed to the injury caused to the

abdominal organs but we are of the opinion that had the

Doctors been a little vigilant during the 20 days that the

deceased stood admitted to the hospital the possibility

that he could have been saved cannot be ruled out. In this

view of the matter we find that the accused are liable for

conviction for an offence under Section 326/149 of the IPC

instead of Section 304(I) read with Section 149 of the

I.P.C.

The learned counsel for the State has however argued

that it was clear from the medical evidence that the

injuries had been caused not only by the fist blows but by

the beating with the iron rods as well. It has admittedly

been so stated by the eye witnesses but their depositions

are not supported by the medical reports which reflect only

an injury on the buttocks.

We are also told that as of today accused Nos. 1-4

who had given fist blow have under gone one year and 10

months of the sentence whereas A.5 who is said to have

caused the knife injury has undergone three years and 20

days of the sentence whereas A.6, one of those who had

caused an injury with an iron rod has undergone 2 years 11

months. We therefore feel that the ends of justice would be

-5-

met if the sentence of all the accused is reduced to the

period already undergone.

The accused are accordingly held to be liable under

Section 326/34 of the I.P.C. Their sentence is reduced to

that already undergone. The appeals are disposed of

accordingly.

.................J. (HARJIT SINGH BEDI)

....................J. (CHANDRAMAULI KR. PRASAD)

New Delhi, February 24, 2011.