DILIPNARAYAN LELEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Mardikar, learned counsel for the applicants and Shri Sonare, learned Additional Public Prosecutor for the non-applicant - State.

(2.) THIS Revision Application is preferred by the applicant (original accused Nos. 2 and 3 in Regular Criminal Case No. 318 of 1997) challenging the judgment of conviction recorded by the Judicial Magistrate First Class, Akot, in Regular Criminal Case No. 318 of 1997 as also the judgment passed by the third Additional Sessions Judge, Akola, in Criminal Appeal No. 2 of 1998 whereunder conviction of the applicants for the offence under Section 325 read with Section 34 of Indian Penal Code as also sentence of Rigorous Imprisonment for six months and fine of Rs. 500/-, and in default of payment of fine to suffer further Rigorous Imprisonment for one month to each of them came to be confirmed.

(3.) THE prosecution against the applicants and their father Narayan Mahadeo Lelekar (original Accused No. 1) was initiated on the basis of a complaint lodged by one Samdhan Shriram (P. W. 2) was in respect of incident that took place on 30-10-1994 at village Karodi Tq. Akoi, at about 10. 00 A. M. where injured Shriram (P. W. 3) came to be assaulted by the applicants and their father Narayan with sticks. At the trial, taking into consideration the evidence of eye witnesses Samadhan P. W. 2, Shriram P. W. 3 and Shrikrushna - P. W. 8, Medical Evidence of Dr. Dikeshwar - P. W. 9 with injury report at Ex. 43, the trial Court by its order dated 21-1-1998 convicted both the applicants and also sentenced them as stated earlier, while acquitted accused Narayan. The applicants, taking exception to their conviction, preferred Criminal Appeal No. 2 of 1998 before the IIIrd Additional Sessions Judge, Akola, who by his order and judgment dated 13-8-1999, dismissed the same. That is how the matter is before this Court in Revision.