STATE OF MAHARASHTRA Vs. SANDIP DATTATRAYA JANGAM

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 29- 10-2003 passed by Judicial Magistrate First Class, Vadgaon, Maval, acquitting respondent (accused) for the offence punishable under Sections 323 (Punishment for voluntarily causing hurt ) and 504 (Intentional insult with intent to provoke breach of the peace) of Indian Penal Code.

(2.) I have heard the Learned APP Ms Dabholkar and Mr. Rushikesh Kale appearing for respondent, who undertakes to file vakalatnama during the course of today. Undertaking accepted.

(3.) Admittedly, there has been previous enmity between accused as well as complainant's family. Complainant states that he was stabbed, whereas his brother (PW-5) says chilly powder was thrown into his eyes. Seizure of weapon also has not been proved because panch witness has turned hostile and also the Investigating Officer has not testified. There are no independent witnesses examined, particularly in view of the admitted previous enmity between the parties. It is settled law that, if the evidence is of only interested witness, it cannot be discarded but the court must exercise care and caution while considering the same. The presence of PW-3 has not been acknowledged by PW-2. There is variance between timings of the occurence of incidence stated by all witnesses. The medical certificate indicates the examination of the victim at 5.10 a.m. much prior to the timings of the incident stated by all witnesses.