STATE OF MAHARASHTRA Vs. BABU BHAGA ZORE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 23rd January 2004 passed by the Judicial Magistrate First Class, Ratnagiri, acquitting the accused of offences punishable under Section 452 (House- trespass after preparation for hurt, assault or wrongful restraint), Section 323 (Punishment for voluntarily causing hurt), Section 504 (Intentional insult with intent to provoke breach of the peace), Section 506 (Punishment for criminal intimidation) read with Section 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code (IPC).

(2.) It is the case of prosecution that while PW-1 was giving food to His paralyzed father at about 7.30 p.m., the accused entered the house, which is in their possession, and assaulted PW-1. When the other family members of PW-1 intervened, they were also assaulted. The accused punched and kicked complainant and others in the house. After hearing the shout, neighbors collected and separated them, after which, complaint was filed. Post investigation, chargesheet was filed and accused pleaded not guilty and claimed to be tried. The stand of the accused is of total denial and that the whole thing is an outcome of property dispute and the attempt of complainant is to oust the accused from their ancestral house. Admittedly, the accused and complainant are cousins and there are long standing disputes going on over partition of ancestral property.

(3.) Section 452 of IPC reads as under :