STATE OF MAHARASHTRA Vs. NILAPPA SHANKARAPPA CHAKURE

JUDGEMENT

(1.) HEARD Shri S. D. Kaldate, learned A. P. P. for the appellant and Shri Hanmant. V. Patil, learned Counsel holding for Shri V. G. Sakolkar, learned Counsel for the respondents. Perused the judgment and also the depositions of the witnesses examined by the prosecution.

(2.) THIS is an appeal by appellant/state challenging the judgment and order passed by Judicial Magistrate. First Class, Ausa, District Latur, in Regular Criminal Case No. 76/1983 passed on 29-1-1988 acquitting he respondents of the offences under sections 452, 323, 504, 506 read with section 34 of the Indian Penal Code.

(3.) IN an incident that took place on 7-6-1983 the victim Vijayabai was wife of complainant Sharanappa (P. W. 2 ). Respondents along with Kamlabai Ghodke (original accused No. 5) and Kasturabai Chakure (original accused No. 6) was dragged from the house, by making forceful entry in the house and was taken to a place where Grampanchayat office is situated and there she came to be assaulted by the accused and in that respondent No. 4 Prakash is stated to have snatched the blouse of victim Vijayabai. The husband of Vijayabai namely sharanappa (P. W. 2) lodged complaint by going to Police Station Bhada in respect of which Ganeshing Thakur, the then A. S. I. (P. W. 8) registered offence vide Cr. No. 31/83 and after carrying out investigation filed charge-sheet against the respondents.