TIKARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The applicant, who was injured in the incident, has challenged the correctness of the judgment and order dtd. 9/12/2016 passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Sessions Judge, maintained the conviction but reduced the substantive sentence of two years awarded by the learned Judicial Magistrate First Class, Bramhapuri to the imprisonment till rising of the Court.

(3.) The facts necessary for the purpose of addressing the limited grievance made by the applicant can be stated as follows: The incident in question occurred on 5/11/2002 at about 2:00 p.m. The report of the incident was lodged by father of the applicant. It is the case of the prosecution that applicant, who was examined as PW-2, was standing with one Shri Shende, Shri Kokulwar and Shri Wairkar at the pan shop of Raju Tonge, situated at Gandhi Chowk of their village Mendki. At that time, accused No. 4 Bhojraj Venkati Jellewar came there and started beating the applicant. He gave kick and fist blows to the applicant. The remaining accused came there armed with sticks. They inflicted the blows with the sticks on the applicant. The elder brother of the applicant came there to rescue him. The accused assaulted him, as well. The father of the applicant after coming to know of the assault came to the spot. He found that his both sons were lying in unconscious condition. He alongwith the eye witnesses, who gave evidence before the Court, took applicant-Tikaram and his brother to the hospital. It is stated that the accused on the way threatened the father and other persons and tried to prevent them from taking the injured to the hospital. Applicant (PW-2) had sustained serious injuries. His two teeth were dislocated. He had sustained fracture to his jaw. He was treated by his family/private Doctor Siddeshwar Narange (PW-8).