DINU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Mr. Kalar for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. The appellant was accused No. 4 in Special Criminal Case No. 16/1994, heard by the Special Judge under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. In all there were six accused. They were tried for the offences punishable under Sections 147, 148, 326 read with Section 149 of Indian Penal Code and Section 3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. At the end of trial, only accused Nos. 1, 2 and 4 (appellant) were convicted for the offence punishable under Section 325 read with Section 34 of Indian Penal Code and are sentenced to suffer R.I. for two months and fine of Rs. 100/- each.

(2.) The incident had occurred in the agricultural field at village Jamuniya. The appellant and others had assaulted the complainant (PW-1) by means of axe and sticks. The complainant had sustained various injuries including fracture of proximal phalanx of 3rd and 4th finger. Offence was registered on the report lodged by PW-1.

(3.) During the course of investigation, statements of witnesses were recorded and PW-1 was sent for medical examination. During the course of radiology investigation, it was found that PW-1 had sustained fracture of proximal phalanx of 3rd and 4th finger. After completion of investigation, charge sheet was submitted in the Court of Special Judge.