DATTATRAYA NARAYAN GOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned counsel for Respondent No.2 as well as the learned APP do not dispute the position that on completion of investigation in CR No.183/2022, charge-sheet is filed, by collating the material collected during the course of investigation. Charge sheet is placed on record and it has compiled the statement of complainant as well as his supplementary statement recorded on 18/11/2022.

(2.) The complainant refer to the castiest abuses being hurled by Sandeep Gole and Dattatray Gole, when he refused to give them his pick up van, as it had not received the passing number. It is the allegation of the complainant that Pradeep and Ramesh caught hold of him and Dattatray assaulted him by hands, whereas Sandeep is alleged to have assaulted by means of iron pipe, which resulted in bleeding injury. In his supplementary statement, the complainant has stated that all the four accused persons collectively abused him in the name of caste. After the said incident, his wife is alleged to have arrived at the spot and even she was assaulted. In the supplementary statement, the complainant categorically stated that when he was assaulted on the bus stop, no one was present there and he also admit that though at the time of lodging complaint, he has stated that he was assaulted by iron pipe, he clarify that he was not sure whether it was a pipe or a rod. The injury certificates is also compiled in the charge sheet and as far as complainant is concerned, he has sustained, simple injuries which include a blunt trauma on right eye and injury to the nose alongwith contusion. There is no injury certificate of the wife of the complainant.

(3.) The learned counsel for the Appellant submit that his implication in the subject CR is false and it is just to take revenge of the complaint which he has filed against the complainant in January, 2022. In any case, now the investigation being complete and the charge sheet being filed, there is no requirement of custodial interrogation of the Appellants and the learned APP confirm the said position.