CHANDRAKANT KASHINATH SOMWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Appellants herein faced the trial for the offence punishable under Section 323 r/w 34 of the Indian Penal Code, as also for the offence punishable under Section 436 r/w 34 of the Indian Penal Code, on the complaint lodged by the complainant, namely Smt. Muktabai w/o Manikrao Khausade, alleging that the appellants herein and one Gajanan Baswant Soware (acquitted accused) in furtherance of their common intention voluntarily caused hurt to the complainant in the night of 28.5.1999, and in the same night, somewhere in the odd hours around 1.00 a.m. to 2.00 a.m. set her residential hut to fire and thereby committed mischief.

(3.) While dealing with the matter, the learned Trial Court divided the alleged occurrence of the incident in two parts and the first part allegedly was that in the night of 28.5.1999 the complainant Muktabai and her son Balaji and daughter Manisha were present in their hut when at about 9.00 p.m. the appellants herein and Gajanan Baswant Soware (acquitted accused) reached there and accused no.1 Chandrakant and accused no.2 Shivraj asked her as to why she tethered the hybrid jersey cow at the place which was to be ploughed. They also gave abuses to her and both of them assaulted her by kicks and fist blows. They also threatened her son Balaji that they would kill him. However, some neighbourers gathered out side her house and tried to intervene. Thereafter, she and her son Balaji gave information to Police Patil. Police Patil along with PW2 Kishan came with her to the hut and they pacified the accused persons and told them that on the next day the dispute over ownership of the place may be settled. Thereafter appellants herein and acquitted accused went towards their another agricultural land situated on the way to the village where they had a flour mill. Accordingly, Police Patil and PW2 Kishan also returned to their respective houses.