SHRAWAN BHADAJI BHIRAD AND ORS. versus STTE OF MAHARASHTRA

Citation: [2002] SUPP. 4 S.C.R. 158 · Decided: 13-11-2002 · Supreme Court of India · Bench: U.C. BANERJEE · Disposal: Dismissed

Judgment (excerpt)

A 
B 
SHRA WAN BHADAJI BHIRAD AND ORS. 
v. 
ST A TE OF MAHARASHTRA 
NOVEMBER 13, 2002 
[UMESH C. BANERJEE AND Y.K. SABHARWAL, JJ.] 
Penal Code, 1860-Sections 147, 148, .307 read with 149-Accused 
assaulting a person with sword-Victim admitted to hospital and disclosing 
C names of accused-Conviction by trial court-Accused taking plea that victim 
did not know names of the accused and their names mentioned by way of 
speculation due to enmity-High Court disagreeing with the submission, 
upholding the conviction-On appeal, Held: Disclosure of names stood 
corroborated by eye-witness account-Hence High Court justified in its 
conclusion. 
D 
Appellants-accused assaulted one G with sword all over his body as 
resulting in numerous incised wounds. G was then admitted to the hospital 
where he was confined for about three months. He also disclosed the names 
of appellants-accused. Doctors opined that injuries sustained by G were 
sufficient in the ordinary course of nature to cause his death. Sessions 
E Judge convicted appellants-accused under Sections 147, 148 and 307 read 
with Section 149 IPC. In appeal it was contended that victim was not 
aware of the names of the assailant and their names were mentioned by 
way of speculation because of old enmity. High Court negatived the 
contention and upheld the order of Sessions Judge. 
F 
In appeal to this Court appellants contended that their alleged 
involvement has no basis and is only a speculation. 
Dismissing the appeal, the Court 
HELD: High Court dealt with the matter in a proper manner and 
G rightly held that it cannot be agreed that victim was not aware of the 
names of the assailant and their names were mentioned by way of 
speculation because of old enmity. In any event disclosure of names in the 
dying declaration seems to be of a definite significance. Though such a 
declaration was taken down, but by reason of the efforts of the doctors 
H 
158 
r· 
SHRA WAN BHADAJI BHIRAD ''· ST ATE OF MAHARASHTRA [BANERJEE,).] 
159 
attending, the victim survived and as such the statement made need not A 
stand the strictest scrutiny of dying declaration but at best a statement 
under Section 164 of Code of Criminal Procedure. This piece of evidence 
however stood corroborated by the eyewitness account of prosecution 
witnesses. There is over-\\'·helming evidence on record in support of the 
prosecut(\r and thus, there is no reason to interfere with the concurrent B 
findings recorded by Sessions Judge as also by High Court. 
1163-8-C; G-HI 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
577 of 1993. 
From the Judgment and Order dated 8.6.1993 of the High Court of C 
Bombay in Crl. A. No. 73 of 1988. 
Ram Jethmalani, Ms. Lata Krishnamurti, Ashok Kumar Singh :md Sapam 
Biswajit Metei, for the Appellant. 
Manish Pitale and S.V. Deshpande for the Respondent. 
The Judgment of the Court was delivered by 
BANERJEE, J. The appellants herein all belong to the family of Bhirads 
D 
Whereas Shrawan Bhadaji Bhirad, appellant no. I is the father Kamal 
Shrawan, Arvind Shrawan and Surendra ShraWan are the sons being appellant E 
nos. 2, 3 and 4 and Gajanan, Vasudeo and Ambadas are the nephews. 
Ambadas, however, has expired during the pendency of the matter before the 
High Court. The Additional Sessions Judge, Akola, on basis of the evidence 
available on record recorded the finding of conviction against the appellants 
for offences under Sections 147, 148 and 307 read with Section 149 of the F 
Indian Penal Code for having formed an unlawful assembly on 29th June, 
1985 at about 8.00 a.m. and assaulted Ganesh, P. W. 1 in a locality known as 
Shivaji Nagar of Akola with the aid of swords. 
Before adverting to the rival contentions, a brief note to the prosecution 
case ought to be adverted to at this juncture, and the same runs as below : G 
Shrawan Bhirad accused no. I and his nephews reside in Shivaji Nagar 
locality, so also Ganesh Dhage resides in the same locality.in a small galli. 
For this locality are provided public latrines circumscribed with a compound 
wall with entrances on the east and on the south. On the eventful day in the 
morning when Ganesh Dhage was proceeding to the latrines to ease off, a H 
160 
SUPREME COURT REPORTS [2002) SUPP. 4 S.C.R. 
A Fiat car bearing No. MZQ 581 owned by Shrawan Bhirad came from his 
back side and dashed him whereby he was tossed and fell to the ground. 
Getting on his feet when he however, looked backwards he has stated to have 
s

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