STATE OF MAHARASHTRA Vs. SHIVAJI DAJI KHATKAR

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 25.6.2003 under which the respondents (accused) were acquitted of offences punishable under sections 325 (Punishment for voluntarily causing grievous 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 the Indian Penal Code.

(2.) The prosecution's case is that on 18.5.1996 at about 12.00 noon Akkatai Shankar Khatkar-complainant (PW-1) was present in her field which was called 'Khatkaracha Mal' at village Pimpalgaon. She was there to collect stumps of harvested paddy crops. At that time, both the accused went to the field and started abusing PW-1. They also threatened of dire consequences if she entered the field again. Thereafter accused no.1 hit PW-1 with a stick on her head & back and accused no.2 punched and kicked PW-1. The incident allegedly was witnessed by one Krishna Raut, Maruti Toraskar (PW-4) and Balu Khatkar (PW-3). PW-1 approached Bhudargad police station on 18.5.1996 and filed a complaint. Police registered a non cognizable crime. Police also gave necessary advise to PW-1 to approach the Court for necessary reliefs. Thereafter, a month later, on 13.6.1996, police registered a crime no.43 of 1996. According to police, they lodged the crime because on 13.6.1996 they were handed over a copy of the X-ray of PW-1 which shows a fracture.

(3.) Charge-Sheet was filed and accused pleaded not guilty and claimed to be tried. According to the accused there are several disputes and pending court proceedings between the complainant and her family and the accused and this complaint has been lodged only to harass the accused.