LAWS(BOM)-2002-6-73

RAJENDRA HAIBHAU SHINDE Vs. STATE OF MAHARASHTRA

Decided On June 28, 2002
RAJENDRA HARIBHAU SHINDE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) BY this Criminal Revision Application, the petitioner seeks to quash the judgment and order dated 29. 11. 1997 of the learned j. M. F. C. , Pimpalgaon (B) passed in Criminal case No. 38 of 1997.

(2.) A few facts of the case are as follows : the petitioner and his family have been residing at Pimpalgaon (B) for a long number of years. A dispute over some land is pending before the Court between the petitioner and Respondent No. 3. It appears that on 2. 6. 1997, at about 9 pm, the accused-Respondent No. 2 to 4 approached the petitioner's house and started abusing his family members. The petitioner reached home soon thereafter and a quarrel ensued between the petitioner and respondent nos. 2 to 4. It is alleged that during the course of the quarrel, respondent No. 2 gave a blow on the head of the petitioner with an iron rod. Neighbours who were present, including the prosecution witnesses, separated them. The petitioner was taken to hospital for treatment.

(3.) A complaint was lodged by the petitioner with the police and the case was registered under Section 324, 506 r/w 34 of the I. P. C. The acccused were tried before the J. M. F. C. , Pimpalgaon (B) in regular criminal case No. 38 of 1997. By a judgment and order dated 21. 11. 1997, the accused Nos. 1 to 3, that is, Respondent Nos. 2 to 4 herein, were acquitted and their bail-bonds stood cancelled.