STATE OF MAHARASHTRA Vs. DEVENDRA JEEVAN PAWAR

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal dated 10th April, 2000 passed in Sessions Case No. 62 of 1999 by learned Additional Sessions Judge, Solapur for the offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code, 1860 (for short "the IPC") and under Section 37 (1) of the Bombay Police Act (for short "the said Act").

(2.) The factual matrix of the case is that, on 12th December, 1998 at about 3.00 p.m. as the bullock cart of sugarcane belonging to Devendra Jeevan Pawar (A-1) was passing through the house of Maruti Dure (PW-8), the wife of said Maruti Dure, namely, Rupabai (PW-5) objected and asked not to take bullock cart from there space. As a result of which, an exchange of words and abuses took place between the women.

(3.) The prosecution then contends that on 13th December, 1998 while Maruti Dure (PW-8) was proceeding towards village Irle, accused Narayan Jeevan Pawar (A-2), Devendra Jeevan Pawar (A-1), and Laxman Jeevan Pawar (A-3), keeping in mind the incident of 12th December, 1998, started assaulting him by means of sickle used in the cutting of sugarcane crops. Because of the commotion, informant, Rajaram Waman Pawar (PW-1), Vijay Maruti Dure (PW-3), Prabhawati Rajaram Pawar (PW-7), Kalawati Waman Pawar and Rupabai Maruti Dure (PW-5) went there. However, A-1, A-2, A-3, Mohan Dattatray Pawar (A-4), Jaywant Mohan Pawar (A-5), Sulan Narayan Pawar (A-8), Indumati Devendra Pawar (A-9), Sindhu Laxman Pawar (A-6), Sajavati Jayvant Pawar (A-10) and Draupadi Jeevan Pawar (A-7) abused and assaulted them.