STATE OF MAHARASHTRA Vs. SINGARASINGH SARVANSINGH

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dated 10/04/2002, passed by the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, in Criminal Case No. 1747 / P / 1990.

(2.) By the impugned judgment and order, the Respondent Nos. 1 to 4, who were Accused Nos. 1 to 4 respectively before the trial Court, have been acquitted for the ofences punishable under Sections 326, 324 read with 114 of Indian Penal Code.

(3.) It is the case of the prosecution that on 27/04/1990 at 3:00 p.m. the present respondents/accused assaulted (P.W.1) Devendrapal Kohli and his father (P.W. 2) Suchasingh Kohli by iron rod, hammer and caused grievous hurt to them. At the relevant time, the parties were residing in one of the same apartment i.e. Shere Panjab, at Andheri (E) Mumbai. The relations between the parties were strained as the accused were opposing the construction which P.W. 1 and P.W. 2 were making on the third foor of the said apartment. According to the P.W. 2, on the date of incident, the accused asked him to stop the construction work. As he declined to stop the construction, the present respondent / accused assaulted them.