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2013 DIGILAW 1085 (BOM)

Shrawan s/o. Dashrath Khote v. State of Maharashtra

2013-06-14

M.L.TAHALIYANI

body2013
JUDGMENT Heard 2. ADMIT. 3. Heard finally by consent of learned counsel for the parties. 4. Perused judgments passed by the trial Court and the appellate Court. The complainant had lost one of her teeth during the course of alleged assault on the part of the applicant. The applicant is son-in-law of the complainant. The tooth was not recovered from the spot nor there is any medical report to the effect that there was fresh uprooting of any tooth of the complainant. However, both the Courts below have placed reliance on the evidence of the complainant P.W.1 that she lost her tooth in the alleged assault on the part of the applicant. 5. After having gone through the judgments of both the Courts below, I have come to a conclusion that considering age of 65 years of the complainant the trial Court should have insisted upon the medical report. In absence of medical report the evidence of P.W.1 in respect of loss of tooth should have been disbelieved. The applicant could have been convicted for the offence punishable under Section 323 of the Indian Penal Code inasmuch as the incident of fist blow has been proved. 6. Learned counsel Mr. Gaikwad has submitted that, in fact, the matter was likely to be compounded and an application to that effect was also made before the trial Court after the judgment. The trial Court could not do anything as the judgment had already been delivered. In view thereof, I pass the following order. i) The revision is partly allowed. ii) The judgments and orders passed by the trial Court and appellate Court are set aside. iii) The applicant is convicted for the offence punishable under Section 323 of the Indian Penal Code. iv) Instead of sentencing him to imprisonment or imposing a fine upon him, it is hereby directed that the applicant shall execute a bond for a period of one year in the sum of rupees five thousand with the condition that he will maintain peace and good behaviour during the said period of one year and will appear before the Court if called upon to receive the sentence. v) The bond pursuant to this order shall be executed before the trial Court. The revision application, accordingly, stands disposed of. Revision partly allowed.