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Bombay High Court

SYED ABBAS HUSAIN AHMED HUSAINversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The revision is dismissed as the evidence is insufficient to overturn the acquittal and the lower courts did not err.

Summary

The applicant, Syed Abbas Husain, filed a criminal revision challenging the acquittal of fourteen respondents in a case involving alleged assault, damage to property, and offences under Sections 143, 147, 148, 323, 427, 504, 506 and 149 of the Indian Penal Code. He claimed that the trial court and the Sessions Court erred by not properly considering the testimony of an eye‑witness and that sufficient evidence existed to convict. The High Court first condoned a 190‑day delay in filing the revision and then examined the merits, noting inconsistencies in witness statements, lack of corroboration, and the inability of the prosecution to prove damage to the vehicle or specific identification of accused persons. The Court held that the evidence was not cogent enough to overturn the acquittals and that the lower courts had not committed any error. Consequently, the revision application was dismissed, leaving the acquittal orders intact.

Issues considered

  • Whether a delay of 190 days in filing a criminal revision can be condoned.
  • Whether the evidence on record is sufficient to set aside the acquittal of the accused under the IPC offences alleged.
  • Whether the trial court and Sessions Court erred in their appreciation of witness testimony and application of law.

Legislation cited

Subjects

  • criminal revision
  • condonation of delay
  • acquittal
  • insufficient evidence
  • IPC offences
  • land dispute
  • false implication

Judgment

2026:BHC-AUG:38592


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                                                    (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           43 CRIMINAL APPLICATION NO. 25 OF 2023
                                          IN/WITH
                      CRIMINAL REVISION APPLICATION (ST.) NO.39 OF 2023

                              SYED ABBAS HUSAIN AHMED HUSAIN
                                                  VERSUS
                                  1. THE STATE OF MAHARASHTRA
                               2. Shaikh Mehaboob Shaikh Majid Qureshi
                                    3. Shaikh Latif @ Taj Shaikh Nabi
                                      4. Sayyed Toafiq Sayyed Yousuf
                                           5. Shyam Sonaji Kadam
                                          6. Sanjay Kaduba Kakade
                                      7. Syed Ali @ Don Syed Hasan
                                     8. Shaikh Daud Shaikh Maheboob
                                         9. Eshwar Ashokrao Khare
                                         10. Shaikh Jalil Abdul Ajij
                                        11. Sayyed Ismail Sayyed Lal
                                12. Shaikh Rashid @ Mamu Shaikh Babu
                               13. Shaikh Latif Shaikh Maheboob Qureshi
                              14. Shaikh Majju Shaikh Maheboob Qureshi
                                15. Sayyed Abdul Gani Sayyed Munawar
                                                   …..
                 Mr S. S. Bora, Advocate for Applicant
                 Mr M. A. Aher, APP for Respondent No.1/State
                 Mr M. V. Ghatge, Advocate for Respondent Nos.2 to 14
                                                 …..
                                          CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 24th AUGUST, 2026
                 P. C. :


                            CRIMINAL APPLICATION NO. 25 OF 2023


                 1.           This is an application for condonation of delay of 190

                 days caused in filing criminal revision application.
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                                    (2)

2.           Heard learned Advocates for the respective parties.


3.           For the reasons stated in the application, the same is

allowed. Delay is condoned. Criminal Application stands disposed of.



     CRIMINAL REVISION APPLICATION (ST.) NO.39 OF 2023


4.           With consent of learned Advocates for the respective

parties, this revision application is taken up for final disposal.


5.           The applicant is challenging the judgment and order dated

11/03/2022, passed by the learned Additional Sessions Judge-2,

Parbhani in Criminal Appeal No.80/2014, thereby dismissing his

appeal challenging the judgment and order of acquittal, dated

18/06/2014, passed by the learned Judicial Magistrate First Class,

Purna in Regular Criminal Case No.130/2011, wherein respondent

Nos.2 to 15 have been acquitted for the offence punishable under

Sections 143, 147, 148, 427, 323, 504 and 506 read with Section 149

of the Indian Penal Code.


6.           According to the learned Advocate for the applicant, the

applicant is informant and lodged report on 28/07/2010. It is stated

that the complainant and his family members i.e his parents are owners
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of 26 Acres 30 Gunthas land in Survey No.149. There are dispute

about said land with Gangabai Deorao Kadam. Proceedings as regards

said dispute was filed before the Deputy Collector, Parbhani and the

same came to be decided against the informant.           Therefore, the

informant preferred appeal before the M.R.T. on 17/04/2010.

According to applicant/informant, though the dispute was going on,

said Gangabai had entered her name in the revenue record. On the

basis of that entry, she alleged to have sold said land to respondents

herein.   Therefore, the applicant has filed suit for injunction on

23/07/2010 and the status-quo was granted by the Court. It is further

alleged that, on 28/07/2010, at about 3.30 to 4.00 p.m., aforesaid

purchasers (respondents herein) had come in their land Survey No.149

and started beating to servant of complainant. Accordingly, informant

and his father went to the spot with their Car bearing No.MH-22/H-

2934. It is alleged that the said purchasers/accused persons assaulted

them and also pelted stones on their car with intention to kill them.

Their car got damaged in the said incident. It is further stated that the

informant, in order to save himself had made fire in the air by revolver

and the accused persons ran away from the spot. Therefore, he lodged

report against accused persons bearing Crime No.134/2010 for the

offence punishable under aforesaid Sections.
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7.          After the investigation is complete, charge sheet came to

be filed against the accused persons/respondents herein. They came to

be prosecuted before the learned Judicial Magistrate First Class, Purna.

After recording the evidence, learned Judicial Magistrate First Class

acquitted all the accused persons. The said order was challenged

before the learned Additional Sessions Judge-2, Parbhani. Learned

Sessions Judge dismissed the appeal vide the impugned order dated

11/03/2022 and confirmed the judgment and order of the learned

Judicial Magistrate First Class.         Therefore, the applicant has

approached this Court by filing this revision application.


8.          According to learned Advocate for the applicant, learned

Subordinate Courts have committed a grave error in acquitting the

accused persons. According to him, sufficient evidence was brought

before the Subordinate Courts. The testimonies of PW-3, PW-4, PW-5

and PW-6 have not considered in a proper perspective by the

Subordinate Courts. According to him, PW-3 is the eye witness,

whose testimony at all not been considered properly, and therefore, the

impugned judgment and orders passed by the learned Subordinate

Courts are required to be quashed and set aside. He further submits

that the offence registered against the accused persons have been made

out, and as such, learned Subordinate Court were required to convict
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                                   (5)

the accused persons. He, therefore prays for allowing the present

revision application.


9.           Per contra, learned Advocate for respondent Nos.2 to 15

vehemently opposed the application. He supports the judgment and

order of the learned Subordinate and submits that the said judgments

are correct and no interference is required of this Court.


10.          With the assistance of the learned Advocates for the

respective parties, I have gone through the order passed by both the

Subordinate Courts. PW-1/Sunil Dubekar and PW-2/Ravi Jaiswal are

the eye witnesses, however, they did not support the prosecution case.

PW-3 is applicant herein, who deposed that incident took place on

28/07/2010 and he received phone call from his servant who was at

Survey No.149. He alongwith his father and brother-in-law went there

by his car. According to him, when they entered into land, all the

accused persons surrounded around them and their vehicle, and started

to pelt stones. Therefore, the glasses of their car came to be damaged.

Thereafter, prosecution also examined Syed Ahmed Hussain (PW-6).

PW-5/Shaikh Azhar also deposed that when he was working in the

land at Survey No.149, at that time, 10 to 12 persons came there and

started beating him. He informed to PW-3/informant about incident.
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                                    (6)

PW-3 came in a vehicle which was damaged by the accused persons.

Learned Subordinate Courts observed that deposition of all the

witnesses about the injury to Shaikh Azhar (PW-5) are vague. It was

found that said PW-5 though claims to have assaulted by 10 to 12

persons, however, it was not specifically deposed as to which accused

beaten him and how he sustained injuries.       Likewise, he did not

deposed as to which accused threatened to kill him.         Therefore,

according to learned Subordinate Court, offences of causing hurt,

abusing and threatening to kill them could not be proved by the

prosecution. The prosecution witnesses also did not corroborate with

each other on account of how many accused persons were present at

the spot. According to PW-3, PW-4 and PW-6, around 150 to 200

persons were present, whereas as per statement of PW-5, only 10 to 12

persons were present at the spot.


11.         Even learned Trial Court recorded finding that, while

recording spot panchnama, the prosecution could not point out any of

broken glasses on the spot, and therefore, learned Trial Court recorded

that prosecution could not prove that there was damage to the vehicle.

After recording aforesaid finding, learned Trial Court acquitted the

accused persons. Learned Sessions Court, while relying upon same

finding, also dismissed the appeal.
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12.         After careful reading of both the orders of the Subordinate

Courts, I find that learned Subordinate Courts have not committed any

error in passing the impugned orders. They considered the evidence in

a proper perspective. The prosecution witnesses have not clearly

established the fact pertaining to threatening to kill as well as

damaging of the car of PW-3. There is no cogent evidence against the

accused persons, and therefore, they came to be acquitted.


13.         Moreover, there appears to be a dispute pending between

the parties, and hence, possibility of false implication of the accused

persons in this criminal case, cannot be ruled out. In that view of the

matter, I am not inclined to entertain this revision application and the

same, being devoid of merits, stands dismissed.




                                    [SUSHIL M. GHODESWAR, J.]
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