DAYALU DHANRAJ RAIBOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been directed against the Judgment and Order dated 30th August 2007 delivered by the Additional Sessions Judge, Achalpur in Sessions Trial No. 87 of 2005, whereby the learned trial Judge has convicted the Appellant Nos.1 and 2 (hereinafter be referred to as ' the Accused' for the sake of brevity) for the offence punishable under Section 323 of Indian Penal Code and sentenced to suffer the imprisonment for the period which they have already undergone and to pay a fine of Rs.1000/-, in default to pay the fine amount, sentenced to suffer imprisonment for one month. Whereas, the Accused No.3 - Sanjay Raibole has been convicted for the offence punishable under Section 324 of Indian Penal Code and was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.2000/-, in default to pay the fine amount, sentenced to suffer imprisonment for two months.

(2.) Prosecution case in brief is that, the injured PW-1 Santosh Raibole as well as the accused persons are residents of the same village. There was a dispute between the injured PW-1 Santosh Raibole and accused persons on the issue of Grampanchayat elections. It is the case of the prosecution that on the day of incident i.e. 12/4/2005 at about 6.30 a.m. all the accused persons attacked the injured PW-1 Santosh Raibole. Dayalu Raibole (A-1), Niranjan alias Balasaheb Raibole (A-2) and Ramdas Raibole (A-4) assaulted injured PW-1 Santosh Raibole by means of kick and fist blows, whereas Sanjay Raibole (A-3) went inside his house, brought Acacia (Babool) stick and assaulted PW-1 Santosh Raibole on his head, due to which he sustained bleeding injury, whereas Ramdas Raibole (A-4) assaulted by means of stick on the forehead of PW-1 Santosh. Thereafter PW-1 Santosh was taken to the hospital, where he was hospitalized for about eight days.

(3.) Pw-9 Vidyadhar Raibole reported the incident to the police and lodged complaint (Exh.66). On the basis of which, offence came to be registered vide Crime No.22 of 2005. Police visited the place of incident and conducted the spot panchanama, so also recorded the statement of the witnesses. The injured PW-1 Santosh was examined by the Medical Officer. Sanjay Raibole (A-3) made his voluntary statement and showed his willingness to point out the place, where he had concealed the stick. Thereafter he laid police and panchas to his house and from his house Acacia (babool) stick was taken charge by the police and recorded memorandum (Exh.74) and seizure panchanama (Exh.75). The seized articles were sent to C. A. Office for its analysis. C.A. Reports (Exh.78 and 79) were obtained and after completion of investigation, submitted the charge sheet in the court of Judicial Magistrate First Class and thereafter the case was committed to the court of Sessions. The learned trial Judge after recording evidence and hearing both the sides, convicted the Accused as aforesaid.