STATE OF MAHARASHTRA Vs. BHAGWAT NAROJI CHAVAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment and order dated 6.1.2000 rendered by the learned Judicial Magistrate, First Class, Purna, District Parbhani, in Regular Criminal Case No.485 of 1997, thereby acquitting the respondents herein (original accused) for the offences punishable under Sections 326 and 324 read with Section 34 of the Indian Penal Code.

(3.) The factual matrix of the matter, which gave rise to the present appeal, is as mentioned below; It is the case of the prosecution that on 27.4.1997 at about 22.00 hours at village Satephal, in front of statue of Dr. Babasaheb Ambedkar, the accused persons, in furtherance of their common intention, asked the complainant Prabhakar Eknathrao Chavan as to why he had filed application for closure of their liquor shop, and they abused him. It is alleged that accused No.1 Bhagwant Chavan assaulted the complainant by an axe, and accused No.2 Dnyaneshwar Chavan caught hold of the complainant and accused No.3 Sakharam Jogdand also assaulted the complainant on his leg, by a stick. It is also alleged that due to the said assault, complainant sustained grievous hurt, and therefore, he lodged the complaint (Exh.33) on 28.4.1997, with Police Station, Purna, and consequently, offence came to be registered at CR No.52/1997, under Sections 326, 504 and 506 read with Section 34 of the Indian Penal Code, with the said police station. Pursuant to the said FIR, investigation was carried out and it was revealed that the accused persons had committed the offence, and therefore, after completion of investigation, charge sheet came to be filed against respondentsorig.