The Bombay High Court, after 22 years, held two people guilty of assaulting a man but let them off with the period of sentence they had already served while the trial was pending, holding that it would 'meet the ends of justice'.
The Bombay High Court, after 22 years, held two people guilty of assaulting a man but let them off with the period of sentence they had already served while the trial was pending, holding that it would 'meet the ends of justice'.
The humanitarian approach was taken by division bench of Justice BH Marlapalle and Justice UD Salvi, while sentencing convicts, Kisan and Rajaram Talwade, who were in their twenties at the time of the incident on April 22, 1989.
According to the prosecution, four accused — Haribhau, Kisan, Nivrutti and Rajaram Talwade – got into a verbal fight with the deceased, Sitaram Kharsule. According to the police, the accused Haribhau's wife's mother adopted Tukaram, son of the deceased. A few months after the adoption, the mother died and her property, which would have gone to Haribhau's wife, went to Tukaram.
On April 22, 1989, Kharsule overheard the accused abusing him and confronted him, leading to a quarrel. Two of the co-accused, Haribhau's children, joined in and assaulted the deceased.
Sitaram was rushed to the nearby medical centre where he was declared dead on admission.
The police registered a case of murder against the accused and they were imprisoned for seven months, awaiting trial. A sessions court in Pune, after going through the evidence and testimonies of the eyewitnesses, acquitted all the accused except Haribhau who was held guilty for causing injuries under section 325 and sentenced to suffer imprisonment upto the rising of the court.
The prosecution appealed against the judgment. Haribhau and Nivrutti passed away while the appeal was pending and the appeal against them was abated.
The bench, while appreciating the evidence of the prosecution, accepted the testimonies of the eyewitnesses rejected by the trial court.
Appearing for the accused, advocate Rahul Kate prayed for lesser punishment on the grounds that they have undergone a prison term of seven months and the court agreed. The accused were held guilty for the offence under Sec 323 (voluntarily causing hurt) and were sentenced the imprisonment which they have undergone.
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