BHAUSAHEB MAHADEO KARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORIGINAL accused No.1 Bhausaheb, being dissatisfied with the order passed by the learned Sessions Judge, Ahmednagar dated 15.2.1993 in Criminal Appeal No.26 of 1989 confirming the order of conviction and sentence passed by the learned Chief Judicial Magistrate, Ahmednagar dated 7.1.1989 in R.T.C. No.142 of 1986 convicting the accused Nos.1 to 4 for the offences under Sections 323 and 324 read with 34 of the Indian Penal Code, directing the accused Nos.2 and 3 to execute a bond of good behaviour for an amount of Rs.1,000/- for the period of one year and sentencing the original accused Nos.1 and 4 and directing them to pay fine of Rs.100/- in default, simple imprisonment for one month, has filed the present revision.

(2.) THE facts in brief are that: PW 2 Shripat resides at village Pokhardi, Taluka and District Ahmednagar along with his family members, including his son Vithal (PW 1) and wife Rakhamabai (PW 4). Shripat is having agricultural land and he used to cultivate it personally. Accused No.1 Bhausaheb/ appellant is the nephew of Shripat and cousin of Vithal, while the accused No.2 Subhadrabai is the mother of accused No.1, accused No.3 Samindrabai is the sister of accused No.2 and accused No.4 Dattatraya is the son of accused No.2. It is alleged that there is civil litigation between the parties i.e. the complainant and accused No.1 in respect of land gut No.109 situated at village Pokhardi.

(3.) PW 4 Rakhamabai gave information to the police on phone. Police accordingly came to the village. Both PW 1 Vithal and PW 2 Shripat were sent to Civil Hospital, Ahmednagar for treatment. Both the injured were treated at Civil Hospital. Police Constable visited the hospital and recorded the complaint of Shripat, on the basis of which, he registered crime. During the course of investigation, spot panchanama was prepared. The accused were arrested. The weapons with which the complainant and PW 1 Vithal were attacked, were attached and after completing the investigation charge sheet was submitted.