THE STATE OF MAHARASHTRA Vs. RAMBHAU

JUDGEMENT

(1.) This Appeal is preferred by the State of Maharashtra against the judgment and order passed by learned Judicial Magistrate F.C., Majalgaon in Regular Criminal Case No. 262 of 1999 acquitting the respondents of the offence punishable under Sections 147, 148, 149, 324, 323, 504 of Indian Penal Code. It is the case of prosecution that Dnyanoba, complainant is son of PW 3 - Tukaram and PW 4 - Rukhminbai. They were having agricultural land at village Kitti Aadgaon. About 15 days prior to the alleged incident, respondent - Rambhau had lodged a complaint against Tukaram on account of some dispute of Bandh in the field.

(2.) With the assistance of learned APP for appellant State and learned counsel for the respondents, I have scrutinised the evidence on record.

(3.) On the point of assault, it is noted that there are various discrepancies in the evidence of these witnesses as, PW 2 - Dnyanoba stated that the incident took place at 4:00 pm. while, according to the case of the prosecution, Dnyanoba, Tukaram and Rukhminbai were in the field for providing fertiliser to the crops where accused came and assaulted them. Though PW 2 - Dnyanoba stated about the assault in the cross-examination , he has admitted that on the day of incident, he was not present in the field since morning and according to him, Tukaram and Rukhminbai were working in the field at about 3:00 pm. and at that time, he had come to see the progress of agricultural operations of providing fertilizer. Even otherwise, according to Dnyanoba, when he arrived at the field, quarrel was already going on between the respondents/accused and his parents Tukaram, Rukhminbai and brother. When he noted that Tukaram was assaulted by an axe, he was at a distance of about 500 ft., while he noted the incident of assault on Rukhminbai, he was at a distance of about 200 ft.