RAMDAS KONDAJI PEKHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is original Accused No 2. By an order dated 30th of August, 1986, passed by the Additional Sessions judge, Nasik, in Sessions Case No. 68 of 1986, he has been convicted for offences under Sections 326 and 324 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years under Section 326 and rigorous imprisonment for one year under Section 324 of the Indian Penal code. The said order of conviction and sentence is impugned in in the Present

(2.) AT that trial, four accused were charged under Section 307, read with Section 34 of the Indial Penal Code, and Section 324 read with Section 34 of the Indian Penal Code, for having, on the 19th of December, 1985, at about 8. 30 p. m. near a Panshop at Madsangvi, Taluka Nasik, attempted to commit murder of P. W. 5 Mohan Runja Pekhale and for having caused hurts by a dangerous weapon i. e. iron bar and wooden logs to P. W. 1 runja Sakharan Pekhale, P. W. 2 Hiraman Runja Pekhalec and one Tukaram runja Pekhale. By the impugned order, Accused Nos. 1,3 and 4 have been acquitted of all the charges. Accused No. 2 is acquitted of the offence under section 307. He is, however, convicted for the Offences under Sections 326 and 324, I. P. C. as stated above.

(3.) AT that time of the incident, Hiraman was proceeding by road. He saw all the four accused near the Panpatti of Abhong. On seeing Hiraman accused Nos. 1 and 2 started abusing him. When Hiraman questioned them why they were abusing Accused Nos. 1 and 2 beat him. All the accused beat hiraman. Hiraman ran towards their field and complained to his fatherrunja