STATE OF MAHARASHTRA Vs. ASHOK

JUDGEMENT

(1.) The appeal is filed against the judgment and order of acquittal delivered in R.C.C. No. 141/1998 by Judicial Magistrate (First Class), Pathri District Parbhani. The accused are acquitted of the offences punishable u/s. 147, 148, 325, 279, 337, 427 r/w section 149 of the Indian Penal Code. Both the sides are heard. This Court has perused the original record.

(2.) In short, the facts leading to institution of proceedings can be stated as follows.

(3.) The complainant and the accused hail from same village, Viz. Raigavhan Tah. Partur District Jalna. The incident took place on 13/08/1997. The complainant and his relatives were proceeding to a temple for Darshan in jeep of the complainant. When jeep reached near spot Wadi naka, accused Ashok Kadpe over took this jeep. Ashok was present in other jeep. Ashok had purchased one truck about 15 days prior to the incident and this fact was known to the complainant. This truck of Ashoka came from opposite direction and gave dash to the jeep of complainant. From this truck persons like Khandu Maroti, Namdeo Bhagwat, Vilas Abhiman, Baliram Bhagwat, Uttam Kadpe, Balasaheb, Narayan alighted. Ashoka also came there with revolver. Then all these persons assaulted complainant by using sticks. The complainant approached police, Pathri and gave report. Crime came to be registered for aforesaid offences. As the complainant and some persons from jeep had sustained injuries due to assault, they were referred for medical examination. Spot panchanama came to be prepared. The police recorded statements of witnesses and after completion of investigation, charge sheet came to be filed for aforesaid offences.