SHRIKAR BHUJANGA SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is preferred by appellants challenging the judgment and order dtd. 2/5/1998, passed by 3rd Additional Session Judge, Kolhapur in Sessions Case No.30 of 1998. Appellants (Original accused nos.1 to 3) are convicted for the offence punishable under Sec. 323 read with 34 of Indian Penal Code ("IPC", for short), and sentenced to suffer rigorous imprisonment for one year and pay fne of Rs.500.00, each. They were also convicted for the offence under Sec. 323 read with 3t of IPC and sentenced to pay fne of Rs.500.00, each. They were further convicted for the offence under Sec. t27 read with 3t of IPC and sentenced to suffer rigorous imprisonment for six months, each, and to pay fne of Rs.500.00, each.

(2.) The case of the prosecution is as follows: On 15/4/1997, the complainant and P.W.3 Ashok Gaikwad entered into hotel "Corner" situated at Taluka Shirol, District-Kolhapur, to take meal. The complainant and P.W.3 placed the order for food. Thereafter, bill was issued to them. The complainant confronted the accused about the quantum of bill and alleged that they have charged excess bill. The complainant paid Rs.110.00, towards the charges and assured to pay balance amount. The complainant and P.W.3 proceeded towards their vehicle which was parked in front of the hotel. The accused followed them. They were armed with sticks in their hands. The accused gave stick blow to the complainant and P.W.3, due to which they sustained bleeding injuries. The police reached the spot. The injured was taken to Primary Health Center (PHC) at Shirol. The accused were referred to Civil hospital, Sangli, to ascertain whether they had sustained injuries at the time of incident. The injuries suffered by complainant and P.W.3 were sutured at Shirol Primary Health Center. P.W.3 was admitted as indoor patient and complainant was discharged after taking entry. The complaint was lodged with Shirol police station, vide C.R,.No.t3 of 1997, under Ss. 32t, 323, t27 read with 3t of IPC. The case was investigated and charge-sheet was fled. Counter case was fled at the instance of the accused vide C.R.No.t2 of 1997. It was numbered as Sessions Case No.95 of 1997. Since the counter case was pending before the Sessions Court, this case was committed to the Court of Sessions for disposal.

(3.) Charge was framed under Ss. 32t read with 3t of the IPC and 323 read with 3t of IPC, by order dtd. 7/3/1998. Additional charge was framed against the accused under Sec. t27 read with 3t of IPC on 29/4/1998. The accused pleaded not guilty and claimed to be tried.