(1.) The challenge in this appeal is to the conviction and sentence, rendered by learned 4th Additional Sessions Judge, Beed in Sessions Case No. 144 of 1996 on 18-5-1998, convicting the appellant under Section 332 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for one month.
(2.) The factual matrix of the prosecution case can be summarized as under:-
(3.) Since the first informant PW-6 Sayed Khadir, PW-2 S.R.P. Police Constable Pandurang Nalegaonkar and other police personnel had sustained the injuries, they were referred to the General Hospital, Beed for medical examination and treatment. PW-5 Dr. Kishor Pedgaonkar examined the said patient and gave necessary medical treatment to them and he also issued medical certificates of the said patients, which are produced at Exhs. 18 to 21 respectively. Thereafter, the first informant PW-6 Sayed Khadir returned to the Beed City Police Station and lodged and report against the accused under C.R. No.22 of 1993 on 13-1-1993 at 1.30 p.m. for the offences punishable under Sections 353, 324 and 307 of the Indian Penal Code.