LexTUKARAM & ORS. versus STATE OF MAHARASHTRA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2011) 3 S.C.R. 237 TUKARAM & ORS. v. STATE OF MAHARASHTRA (Criminal Appeal No. 902 of 2007) FEBRUARY 24, 2011 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] A B Penal Code, 1860 - s. 326134 - Assault causing grievous . injury - Victim admitted in hospital - Death of victim after C eighteen days - Accused convicted uls. 3021149 and sentenced to various terms of imprisonment - Conviction upheld by High Court, however, sentence modified io one ul s. 304 (/) rw s. 149 - On appeal held: Medical evidence reveals that at the very initial stage the doctors did not realize D the gravity of the situation as they had seen only one external injury on the buttocks of the deceased and did not even look at the possibility that some internal injuries too could have been caused considering the manner of the attack - The doctors tried to cover their indifference and negligence by E deposing that the death could be attributed to the injury caused to the abdominal organs - However, it cannot be ruled out that had the doctors been a little vigilant during the 20 days when the deceased was admitted to the hospital, the deceased could have been saved - Though the eye F witnesses stated that injuries had been caused not only by the fist blows but by the beating with the iron rods as we// but their depositions not supported by the medical reports which reflect only an injury on the buttocks - Thus, accused liable to be convicted uls. 326134 and not u/s. 304(1) read with s. 149 G - To meet the ends of justice, sentence of the accused reduced to the period already undergone by them. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 902 of 2007. · .... 237 H 238 SUPREME COURT REPORTS (2011] 3 S.C.R. A From the Judgment & Order dated 19.10.2006 of the High Court of Judicature of Bombay, bench at Auangabad in Criminal Appeal No. 807, 817 of 2003 & 34 of 2004. WITH B Crl. Appeal Nos. 1195 of 2007 & 615 of 2011. c D K.V. Viswanathan, Anant Bhushan Kahade, Sudhanshu S. Chaudhary, Sunil Upadhyay, Naresh Kumar, Sunil Kumar Verma, K.V. Sreekumar for the Appellants. Ravindra Keshavrao Adsure, Shankar Chillarge, Asha Gopalan Nair for the Respondent. The following order of the Court was delivered ORDER 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 E 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 F 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 was armed with a knife dealt a blow on the G 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- H TUKARAM & ORS. v. STATE OF MAHARASHTRA 239 P.l.Panwar and a case under Sections 147, 148, 324, 504 and A 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 8 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 C 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 D was performed on the 6th June, 1995 and it was at that stage noticed that the buttock injur
Excerpt shown. Read the full judgment & AI analysis in Lexace.