STATE OF MAHARASHTRA Vs. MAHADEV RAMU TAKKEKAR

JUDGEMENT

(1.) The present appeal is preferred by the State being aggrieved by the judgment and order dated 29/09/2000, passed by JMFC, Ajara, thereby acquitting original accused No. 1 to 3 for the offences punishable under Sec. 326, 504 read with 34 of Indian Penal Code, 1860 (for short 'IPC').

(2.) The prosecution case in nutshell can be summarized as under:-

(3.) On 15th July, 1998, at about 7.00 a.m., the complainant was going towards his field known as 'Talicha Bambar' along with pair of buffalo and plough for plantation of paddy crop. He reached in the said field at about 7.30 am. While he was ploughing the field, at that time accused Mahadev Ramu Takkekar, Shankar Ramu Takkekar and Namdev Narsu Chavan came there and started abusing him loudly and at that time they were holding sticks and sickles. Accused Namdev Chavan said to the complainant that, don't ran away, they will not leave him, at the same time all the three accused persons came near him and started beating him by means of sticks, and out of them one Mahadev Ramu Takkekar gave a blow of sickle on the left hand shoulder and caused injury. Thereafter, complainant made hue and cry. At that time his partner Shripati Gundu Tejam and Vithoba Narsu Chavan and his wife Anusaya came towards him, and by seeing them accused persons ran away. Accused persons beat the complainant on his right hand shoulder, wrist of both the hands, left hand shoulder and on the back by means of stick, and therefore, the complainant sustained muffled injuries.