In Criminal Application No. 892 of 2012, the High Court at Bombay dismissed an application regarding an attempted murder case involving assault with a sword, directing the applicants to seek expeditious trial before the Sessions Court.
Application rejected. Applicants directed to apply for expeditious trial before Sessions Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CriApln892/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 892 OF 2012
1. Mahadev s/o Vitthal Bhise Applicants
2. Suresh s/o Baburao Bhise Both r/o Kakramba, Taluka Tuljapur, Dist. Osmanabad
V E R S U S
Respondent
The State of Maharashtra
Shri S.B. Ghute, Advocate for the applicants
Shri S.B. Pulkundwar, A.P.P. for the respondent/State
CORAM : A. H. JOSHI, J.
DATE : 14TH MARCH, 2012
PER COURT :
1. This is an application after filing of charge-sheet,
which is filed in relation to offence punishable under
Sections 307, 147, 148, 149, 504 of I.P.C. and under Section
5, 27 of Indian Arms Act.
2. Heard both sides. Perused the record.
3.Role of applicant No. 1 Mahadeo Bhise is that he has
caught hold of the victim, and the role of applicant No. 2
Suresh Bhise is that while applicant No. 1 Mahadev caught hold
2 CriApln892/12
of the victim, he assaulted the victim by means of sword on
his head.
4.Presence of the accused/applicants at the place of
occurrence is not disputed.
5.Though the injuries caused to victim are simple,
they are incise injuries those do match with the weapon of
assault. Even at this stage and on what appears prima facie,
on considering the weapon and location/site of injury, this
Court is led to believe that accused intended to cause the
death of victim. Even layman knows that the assault by sword
on head is ordinary course would have led to loss of life.
6.In the background of the aspect of possible
intention, and certain knowledge of consequences is apparent.
Therefore, on the point of gravity of the offence, the
accused/applicants are not entitled for the relief sought.
Therefore, this application is rejected.
7.Accused/applicants are free to apply for expeditious
hearing of the trial before the learned Sessions Court.
If such an application is moved, same shall be
3 CriApln892/12
considered by giving reasonable latitude amongst the trials
where the accused are in jail.
( A. H. JOSHI, J. )
SRM/14/3/12
Mahadev s/o Vitthal Bhise
Suresh s/o Baburao Bhise
The State of Maharashtra
A. H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court