1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATIONNO.215 OF 2007 (Sk.Irfan s/o Sk.Usman vs. The State of Maharashtra and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. K.M.Suryawanshi, APP, for respondent State. Mr. Joydeep Chatterji, Adv., for respondent nos. 2 to 5. ... CORAM: K.U.CHANDIWAL, J. DATE: 6/8/2009 P.C.:- 1. Counsel for appellant/complainant absent. Mr.Joydeep Chatterji, Counsel, appears for the original accused. 2. The acquittal for an offense under Sections 341, 325, 504 read with Section 34 of IPC recorded by the learned Judicial Magistrate, First Class, Bhokardan, by order dt.7.7.2007, is assailed by the complainant on the ground that it is contrary to the record. It is not just, legal and proper in the eyes of law. 3. According to the complainant, Sk.Irfan, on 1st March, 1999, at about 8 p.m., when the complainant was proceeding to one Sk.Subhan for 2 recovery of outstanding amount of clothes, at that time, near the house of Nasim, the accused restrained him and assaulted by means of iron rod and stone. Due to such severe attack, he sustained grievous injuries at his left thigh of leg, to the elbow of left hand and below left side of head. He was shifted to Government hospital at Buldhana where he was admitted for a period of seven days and, thereafter, for further treatment he was brought to Aurangabad. On 19.3.1999, a report was lodged to the Police Station at Paradh ( Exh.31) based on which investigation was carried and, thereafter, complaint, giving rise to RCC No. 7/1999, came to be recorded. 4. In order to establish the charge against the accused, 12 witnesses were examined. 5. The learned Judge, on analysis of the evidence, found that the medical certificate ( Exh. 54) refers to presence of one P.C.Syed, with badge No.602 of Paradh Police Station is not at all attached to Paradh Police Station, as has been admitted by the investigating officer Mr. Bhale. The evidence of PW No.12 Medical Officer, for his issuance of certificate, was disbelieved on the ground that P.C.Syed was doubtful - if he had really accosted the accused on 1st March, 1999, with grievous hurt, there should have been its reflection at Paradh Police Station. 3 6. The fact remains, if indeed based on any altercation or the grievous assault on the complainant, he was hospitalised at the Government hospital at Paradh, the paramount duty cast on the Medical Officer and attending medical Hospital Constable is to have entry in the emergency patients register which conspicuously is missing in the matter. It does not support the prosecution contention that, there was incident dt.1st March, 1999 and that too, at the behest of respondents/present accused. The inordinate delay of 18 days to prosecute the matter has gone unexplained. 7. Then comes the crucial aspect of recovery panchnama. Surprisingly, the recovery panchnamas allegedly at the behest of the accused are unsigned documents, they do not possess signature of the witnesses and particularly Panch has stated that he signs in english language. That apart, the panch has added to the situation that it was rod given by the accused in his presence but he is not aware as to aftermath thereof. 8. The complainant could not examine any person who could witness the melee at 8 p.m. having taken place in the market. Non availability of the witnesses is not at all indicated. 9. It was in the situation a difficult task 4 to totally rely on the version of the complainant as the complainant had animus as against accused persons on monetary transaction. It could have been, in order to ventilate his other grievance a false prosecution is launched against the accused respondents which indeed has turned into persecution. No merits. Consequently, the learned Judge was justified in acquitting the accused. Revision dismissed. (K.U.CHANDIWAL) JUDGE agp/215-07crra