STATE OF MAHARASHTRA Vs. TATYABA BAJIRAO JADHAV

JUDGEMENT

(1.) This appeal is filed by the appellant/State challenging the judgment and order dated 31st May, 1999 passed by the Judicial Magistrate First Class, Paithan, Dist. Aurangabad in Regular Criminal Case No. 47 of 1996, thereby acquitting the accused/respondents from commission of crime U/Sec. 452, 326, 324, 323, 504 and 506 r/w Sec. 34 of the Indian Penal Code.

(2.) The brief facts of the prosecution case are as under :

(3.) The crime was registered vide Cr. No. 33/1996 for the offences punishable U/Sec. 452, 324, 504 and 506 r/w Sec. 34 of the Indian Penal Code. On the very day of incident police Head Constable Shri Gaikwad who conducted investigation in the alleged offence proceeded to the spot of incident and drew spot panchanama, where from one white cap and pair of Kolhapuri Chappal were seized. Complainant was referred to Primary Health Centre for medical treatment. The blood stained bunian of complainant was also seized under panchanama. It is also alleged that accused produced sticks used at the time of commission of offence before Investigating Officer who seized under panchanama. The Investigating Officer also recorded the statements of witnesses. The other injured person Suryabhan Randhe was also referred to Hospital for treatment. After completion of investigation charge sheet is filed. Thus, it is the case of the prosecution that, all the accused in furtherance of their common intention after having made preparation of causing hurt to complainant committed house trespass, voluntarily caused grievous hurt to complainant and witness Suryabhan Randhe, intentionally insulted them and also committed criminal intimidation.