CHANDRAKALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, appellant - Chandrakalabai, aged about 52 years, has putforth the following prayers :-

(2.) We have heard the learned Advocate for the appellant, the learned Prosecutor on behalf of respondent no.1 / State and the learned Advocate on behalf of respondent no.2 / original informant. With their assistance, we have perused the record available before us and have also gone through the police papers available with the learned Prosecutor.

(3.) We find from the FIR dated 11-08-2020 that, appellant - Chandrakalabai is said to be a part of a group comprising of her husband Kashinath Madhav Madlapure and her two sons Gajanan and Vivekanand, who are said to have entered into an altercation with Balaji Kisan Kamble (deceased) and his cousin brother Keshav Tulshiram Kamble, on the pretext of the deceased and Keshav having grazed their goats / sheep at Yevri and Lali shivar. These four persons have assaulted the deceased and his cousin brother. They abused the duo by using foul and filthy language making attributes to their caste, which falls within the Scheduled Caste category. This quartet belongs to the Maratha Caste. Gajanan is said to have used an iron rod to assault the deceased Balaji Kamble resulting in a fracture of his left hand and injuries on his thighs and the hips. Kashinath held the deceased and Vivekanand assaulted him with a stick.