STATE OF MAHARASHTRA Vs. SHRIHARI MANIK JADHAV

JUDGEMENT

(1.) Respondent and his son-Kakasaheb-were prosecuted on the allegation of having committed offences punishable under sections 324 and 504 of the Indian Penal Code r/w Section 34 of the Indian Penal Code. The allegation against them was that they, in furtherance of their common intention, voluntarily caused hurt to one Vishwanath Jadhav (PW-1) by means of a stick. The learned Chief Judicial Magistrate, after holding a trial, found the respondent guilty of an offence punishable under Section 324 of the Indian Penal Code and sentenced him to suffer R.I. for three months and to pay a fine of Rs. 1,000/-. The Chief Judicial Magistrate acquitted the co-accused-Kakasaheb. The respondent challenged the order of conviction passed by the Chief Judicial Magistrate by filing an appeal to the Court of Sessions, Latur. The learned Additional Sessions Judge, after hearing the appeal on merits, concluded that the order passed by the learned Magistrate was not proper and legal. As such, he reversed the order of conviction and acquitted the respondent.

(2.) I have heard Mr. Lodhe, the learned A.P.P. for applicant/State and Mr. Sawant along with Mr. Kale, the learned advocates for the respondent. I have carefully gone through the judgments delivered by both the Courts below. I have also gone through the entire evidence adduced before the trial Court and other relevant record.

(3.) The case of the prosecution was that the respondent and Kakasaheb, on one hand; and the victim Vishwanath Jadhav and his father Atmaram, on the other hand, were not on good terms. They were neighbours and their fields were also situated adjacent to each other. That, on the day of incident, some quarrel took place between the respondent and the victim Vishwanath over dumping of heap of Turhati rq &gkVh (waste material of Tur crop), which was allegedly dumped by the respondent infront of the house of Vishwanath. That, during the quarrel, the respondent gave a blow of stick on the head of Vishwanath. Kakasaheb gave a blow of stick, on Vishwanath's left arm. Vishwanath sustained a bleeding injury on his head. On a report lodged by him to the Police (Exhibit-28), a case was registered and the respondent and the said co-accused Kakasaheb were prosecuted.