PREMSINGH UDALSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Revision, the Applicants have challenged the Judgment and Order dated 24/9/2014 delivered by the Additional Sessions Judge, Nagpur in Criminal Appeal No. 100 of 2012, thereby partly allowing the Judgment and Order of conviction dated 11/4/2012 delivered by the Judicial Magistrate First Class, Narkhed in Regular Criminal Case No. 40 of 2009, whereby both the Applicants (hereinafter be referred to as 'the Accused' for the sake of convenience) were convicted for the offence punishable under Section 324 read with Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- each, in default to pay the fine amount, sentenced to undergo rigorous imprisonment for ten days.

(2.) Prosecution case in nutshell can be summarized as under : Informant Mukesh Munnilal Verma (PW-1) along with injured Ajju Verma (PW-2) and Munnilal Verma (PW-3) were working on the brick kiln of Ramesh Gulabrao Rakesh (PW-4). So also both the Accused were also working on the same brick kiln.

(3.) On the basis of the said report offence came to be registered vide Crime No. 12 of 2009 for the offence punishable under Section 324 read with Section 34 of Indian Penal Code. Thereafter PW-6 Shalikram Rewatkar, Investigating Officer visited the place of incident and prepared spot panchanama (Exh.20) and both the Accused were taken into custody. As per the discovery statement (Exh.21) given by the Accused, wooden stick was taken charge vide seizure panchanama (Exh.22). After completion of investigation, submitted the chargesheet in the court of Judicial Magistrate First Class, Narkhed. The learned Magistrate after recording the evidence led by the prosecution witnesses and hearing both the sides convicted both the Accused as aforesaid.