STATE OF MAHARASHTRA Vs. PRABHAKAR SAMPAT SONGIRE

JUDGEMENT

(1.) HEARD Shri. S. D. Kaldate, learned A. P. P. for the appellant/state, and Shri. N. N. Shinde, learned counsel appearing for respondents no. 1 to 5 and 7 to 10. The appeal as against the respondent no. 6 stood abated since he died.

(2.) THIS is an appeal against the order of acquittal recorded by the learned Assistant Sessions Judge, Aurangabad, in Sessions Case No. 96 of 1985 vide judgment and order passed on 3. 6. 1986, whereunder respondents, including deceased respondent no. 6, came to be acquitted of offences under Sections 147, 148, 307, 324, 323, r/w Section 149 of the Indian Penal Code, in an incident that took place admittedly on 18. 8. 1985 around 5. 00 p. m. at village Javkheda, taluka Kannad, district Aurangabad, which comes within the jurisdiction of Pishor Police station.

(3.) THE accused persons were examined after the evidence was over under Sections 313 of Criminal Procedure Code. THE accused persons have denied the evidence that went against them, so also the circumstances appearing against them including recovery of the weapons. THEir defence, as reflected in the judgment of the trial court, was that on the day of the incident, witnesses Ramrao, Rangnath, one Onkar, Vijay, Devrao, Bharat, Girjaba, Tulshiram, Madhukar and Ashok (in all 10 persons) interfered in the ploughing operation being carried out by the respondent no. 1 Prabhakar in his land and launched a concerted offensive against accused nos. 1 to 3 and 7 to 10 with axes, sticks and stones and that in the attack the respondent nos. 1, 2, 3, 4 and 6 suffered injuries and in respect of that incident accused no. 1 lodged a complaint with police, on the basis of which offence has been registered. It is also contended by defence that accused nos. 1 to 4, who had suffered injuries at the hands of witnesses in the assault, were referred to medical officer for examination and treatment. It is contended that to forestall the criminal prosecution that was initiated on the basis of complaint lodged by respondent no. 1 Prabhakar, witness Ramrao designed a false case against the respondents as a counter to the criminal case against them.