STATE OF MAHARASHTRA Vs. RAMCHANDRA

JUDGEMENT

(1.) Both the proceedings are filed against judgment and order of R.C.C. No. 40039/1997 which was pending in the Court of Judicial Magistrate (First Class), Jalna. Heard ld. counsel for the appellant ld. counsel for revision petitioner and ld. A.P.P. for State. Original record is perused by this Court.

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

(3.) The incident took place on 15/01/1997. There was some dispute over agricultural lands, boundaries between family of the complainant and family of the accused. It was the case of accused that the complainant's side had taken a channel through the field of accused illegally. Civil dispute was also pending at the relevant time in the Court due to aforesaid grievance. At about 10.00 a.m. when complainant Mansaram, his father and other two persons were present near the channel, the accused went there with 10 to 15 unknown persons. They picked up quarrel. During quarrel, assault was made on the complainant and his son by using stick, and fist blows. Other persons took part in the assault and they used sticks against family members of the complainant. Baburao, the father of complainant sustained injuries to his face and he lost four teeth in the incident. On the same day, report came to be given and crime came to be registered in Jalna Police Station for offences punishable u/s. 325, 324 read with section 149 etc. of the Indian Penal Code. The injured were referred for medical examination. Spot panchanama was drawn. Statements of some witnesses came to be recovered. Some weapons came to be recovered. After completion of investigation, charge sheet came to be filed for offences punishable u/s. 325, 324 read with section 149 and 34 etc. of the Indian Penal Code.