THE STATE OF MAHARASHTRA Vs. DATTATRAY BAJRANG CHOUGHULE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 3rd September 2005 passed by the IV th Joint Judicial Magistrate, First Class, Pandharpur, acquitting respondents (accused) of offences punishable under Section 323 (Punishment for voluntarily causing hurt), Section 325 (Punishment for voluntarily causing grievous hurt), Section 504 (Intentional insult with intent to provoke breach of the peace ) read with Section 34 (Acts done by several persons in furtherance of common intention ) of the Indian Penal Code (IPC).

(2.) Learned APP in fairness submitted that there are inconsistencies in the evidence of the eye witnesses.

(3.) PW-4, who is supposed to have been assaulted by the accused, has deposed that he sustained bleeding injuries and there were blood stains on his clothes. PW-4 has also deposed that he did not go to the police station with his clothes and the Investigating Officer (PW-8) also confirms that it was necessary to have seized those clothes. This creates a doubt as to whether PW-4 really sustained injuries as alleged.