Bombay High Court
NIRMALA LAXMAN AAREKAR (DESD) LRS. VAISHALI VINAYAK PADWALversusDINANANATH LIMKAR AND ORS.
- Decided
- Disposal
- Dismissed
- Bench
- N R BORKAR
Holding
The appeal is dismissed and the acquittal of the respondents is upheld.
Summary
The appellant filed a complaint alleging that the respondents formed an unlawful assembly, were armed, damaged the appellant's property and set fire to a cattle shed, invoking Sections 147, 148, 447, 435, 451 and 427 of the Indian Penal Code. The Judicial Magistrate First Class acquitted the respondents, holding that the complainant had not examined material eyewitnesses and that no specific overt act could be linked to any accused. The appellant appealed, arguing that the acquittal was erroneous. The High Court examined the magistrate's reasoning and found no perversity or error in the finding that the prosecution failed to establish individual participation. Consequently, the Court dismissed the appeal, upholding the acquittal, and disposed of any pending interim application.
Issues considered
- Whether the acquittal of the respondents is justified on the ground that the complainant did not examine material eyewitnesses.
- Whether a specific overt act must be attributed to each accused for conviction under Sections 147, 148, 447, 435, 451 and 427 IPC.
Legislation cited
- Indian Penal Code, 1860 — s. 147, 148, 427, 435, 447, 451
Subjects
- rioting
- unlawful assembly
- arson
- mischief
- criminal procedure
- evidentiary requirement
- acquittal
Judgment
1 29-APEAL 528-05 @ APPA.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.528 OF 2005
Nirmala Laxman Arekar … Appellant
Vs.
Dinanath Limkar & Ors. … Respondents
WITH
CRIMINAL APPLICATION NO.1345 OF 2008
IN
CRIMINAL APPEAL NO.528 OF 2005
-----
Ms. Aishwarya Sharma, appointed advocate for the Appellant.
Mr. Ashutosh Gawanekar a/w Rohit Parab i/by C. G. Gavnekar for
Respondent Nos.2, 3, 5 to 22, 24 to 32.
Mr. P. H. Gaikwad, APP for the Respondent-State.
-----
CORAM : N.R. BORKAR, J.
DATE : 12TH JUNE 2026
P.C. :
1. This Appeal takes exception to the judgment and order dated 08 th
October 2004 passed by the Judicial Magistrate First Class, Shriwardhan
in Regular Criminal Case No. 17 of 1994.
2. By the impugned judgment and order, the Learned Judicial
Magistrate has acquitted the Respondents in a complaint case filed by the
wife of the Appellant for the offences punishable under Sections 147, 148,
447, 435, 451 and 427 of the Indian Penal Code.
3. I have heard Learned Counsel for the Appellant and Learned
Counsel for Respondent Nos.2, 3, 5 to 22, 24 to 32.
Mugdha 1 of 2
2 29-APEAL 528-05 @ APPA.doc
4. The allegations against the Respondents-Accused are that they
formed an unlawful assembly and caused damage to the property owned
by the Appellant and at that time Respondents-Accused were armed with
dangerous weapons. It is further alleged that they set on fire the cattle
shed owned by the Appellant.
5. The Learned Magistrate has acquitted the Respondents on the
ground that the complainant has not examined the material witnesses, i.e.,
eye witnesses to the incident. The Learned Magistrate has observed that
no specific overt act is attributed to any of the accused.
6. No perversity is pointed out in the said finding. In that view of the
matter, no interference is called for in the impugned judgment and order.
The Criminal Appeal is therefore dismissed.
7. The pending Interim Application, if any, shall stand disposed of.
(N.R. BORKAR, J.)
Mugdha 2 of 2
Checking your session…