KESHAVRAO SHANKARRAO KAPATE Vs. KISHAN GAJARAM KAPATE

JUDGEMENT

(1.) This Criminal Appeal and the Criminal Revision Application arise out of the same decision and order of the learned Judicial Magistrate, First class, Nanded, in Criminal Case No. 4508 of 1977 on his file acquitting all the four Accused of the offence charged against them and they arise out of the following facts.

(2.) The poosecution story is briefly as follows. Complainant Keshavrao Shankarrao Kapate is a resident of village Yelegaon within the jurisdiction of Ardhapur Police Station in Nanded district, keshavrao is an agriculturist staying in the village and was also working as a police Patil since about six years prior to the date of offence which is alleged to be 24th October, 1977. According to the prosecution, complainant Keshavrao alongwith several other persons as waiting at a distance of one mile from yelegaon at the bus stop on Bhokarnanded road as the complainant wanted to go to Nanded for the purpose of executing a sale deed. The complainant and other persons reached there early in the morning at about 8 a. m. At the time when they were waiting there, all these four accused all of a sudden -came running from the side of Yelegaon and some of them caught hold of the complainant and made him lie down and accused No. 1 cut the nose of the complainant with a tabber in his hand. Attempts were made by the companions of the complainant to rescue him, but the accused gave threats to them. After cuttin ; the nose of the complainant, all the accused ran away from that place and t ereafter the bus going from Bhokar to Nanded came there and the complainint and some others boarded the bus. On the way, the complainant got down and went to Ardhapur Police Station where he lodged the complaint, which is recorded as the first information report at Exh. No. 19. An offence was registered and after completing the usual investigation, a charge sheet was sent against the four accused in the trial Court. During the process of investigation, the complainant was sent to the Civil Hospital, Nanded.

(3.) Charge was framed against these four accused by the learned Magistrate tender section 326 read with seciion 34 of the Indian Penal Code. All the accused pleaded not guilty and claimed to be tried. Accused Nos. 1, 2 and 3 are real brothers. The defence of all the accused is of denial simpliciter and according to them, they are falsely implicated in this case on account of enmity.