STATE OF MAHARASHTRA Vs. SHASHIKANT MAHADEO SANAP

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 9th May 2005 passed by the Judicial Magistrate First Class, Miraj, acquitting four accused of offences punishable under Sections 324 ( Voluntarily causing hurt by dangerous weapons or means ), 323 (Punishment for voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), 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.) The counsel for respondents stated that they have not received any instructions and they have returned the papers long ago. At the outset, I have to note that there is no evidence whatsoever regarding Sections 504 and 506 of IPC of any intentional insult with intent to provoke breach of the peace or criminal intimidation.

(3.) It is the case of prosecution that on 7 th December 2001 at about 7.00 a.m. quarrel took place between Akkatai, i.e., PW-3, wife of complainant (PW-1) and accused nos.1 and 2, who are also related to complainant. At that time, complainant (PW-1), who was working in the field about 100 feet away, rushed to intervene and stopped the quarrel. At that time, accused nos.1 and 2 abused complainant and accused no.1 hit complainant with a neem stick on his head and accused no.2 with another stick also beat up PW-1, PW-3 and their daughter Rajshri (PW-5), who happened to be there. Accused nos.3 and 4, who were also present, abused complainant and threatened them. Thereafter, PW-1, PW-3 and PW-5 went to the hospital, got treatment and on the next day lodged a complaint. After due investigation chargesheet was filed, charges were framed and the accused pleaded not guilty and claimed to be tried.