SHEVANTA BABU JADHAV Vs. BABAN GUNDU PAWAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the Appellant-Informant (victim) against the judgment dated 15th October, 2016 passed in Sessions Case No.235 of 2014 : whereby the accused-respondents have been acquitted of the charges under section 307, 504, 506 read with 34 of Indian Penal Code.

(2.) The prosecution case in brief is that on 4th August, 2013 at about 10.30 am the informant was winding pigeon pea (Toor) crop of one Vijay Digge. At about 12 noon accused Baban Gundu Pawar (A-1) Neharu Pawar (A-2) and Jamunabai Pawar (A-3) came in the field. A-1 then said "[1]" and thereafter started abusing the informant. When the informant objected, it is alleged, A-1 uttered "" At that point of time, it is further alleged, A-3 caught hold of hands of the informant from behind and A-1 gave blow of stick on her head. A-2 also assaulted the informant on her nose by means of an axe. The blood started oozing out from the nose and head of the informant. Seeing that, the accused left the spot. The informant also fell unconscious. She regained consciousness in the Civil Hospital and narrated the incident to her husband. After treatment at Civil hospital the informant went to Akkalkot police station and lodged the FIR against the accused on the basis of which C.R. No.127 of 2013 came to be registered and after necessary investigation the accused were charge-sheeted. The accused abjured their guilt and pleaded false implication. According to them on account of grudge of conviction of son of the informant in the case of kidnapping and rape of daughter of the accused, they have been falsely implicated.

(3.) Mr.Rajepandhare, learned counsel for the appellant, contended that the trial Court has not appreciated the evidence properly and by mis-appreciating evidence has wrongly acquitted the accused-respondents. Learned counsel also took us through evidence filed on record and tried to substantiate his submissions.