JAYASHREE DHONDIBA SHERKHAN Vs. SHIVAJI SAKARAM SHERKHANE

JUDGEMENT

(1.) ORDERS passed by the Learned Addl. Sessions Judge, Belgaum, sitting at Chikkodi in Crl. R.P. No. 298/2013 dated 05.10.2013 is called in question before this Court by filing a revision petition under Section 397(1) of Cr.P.C.

(2.) PETITIONER herein Smt. Jayashri is the first respondent in the said case. State of Karnataka represented by Public Prosecutor is Respondent No. 2 in the said Order dated 05.10.2013. By virtue of an Order dated 05.10.2013, Learned VII Addl. Dist. Judge, Belgaum sitting at Chikodi, has set -aside the order passed by the Learned JMFC, Athani in C.C. No. 2/2013 arising out of P.C. No. 207/2011. The order of the Learned JMFC passed under Section 204 Cr.P.C., registering a case against the respondents 1 to 10 herein on 01.01.2013 has been set -aside and matter is remanded to the Trial Court in respect of taking cognizance on all the counts of offences. Direction is given to the Learned JMFC by the 7th Addl. Dist. Judge for considering the factual aspects and the circumstances about the allegations made against them and to pass appropriate orders. This order is called in question on various grounds as set out in the appeal memo.

(3.) ON 22.08.2011 at about 4.00 P.M. when she was in her house along with her children accused Nos. 1 to 13, i.e., respondents 1 to 13 herein came near her house by forming an unlawful assembly and had held deadly weapons. They started abusing her by using filthy language and thus they committed riot. Her son suddenly came out to see as to what was happening outside the house. At that time he saw first accused holding wooden club and other accused holding sickles and choppers. Afraid of the same, he asked them as to what they were doing. Then A1 scolded him by using un -parliamentary words and threatened him with dire consequences to his life and assaulted him on his head with the club. On hearing the screaming sound, complainant came out of the house along with her children Babasab, Anil, Jayashri and Manjula and asked the accused as to why they were doing so. Then Sivaji threw a club on her son Babasab and tried to assault Babasab with a chopper, which had been concealed by him. Later on Babasab ran away from the place and hid himself in the sugarcane land. Accused Panduranga caught hold of Manjula and dragged her. When Hemant asked them as to why they were assaulting her, the accused assaulted with a sickle on Prakash and accused Ganapa Jadhav threatened that they would finish them off since they have not withdrawn the suit. Then accused No. 8 Smt. Lalitha told them that her husband was a supari killer and he would kill all of them one by one. On seeing neighbourers coming there, all the accused ran away from that place holding the deadly weapons.