UMAKANT AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides. Present petitioners, who are convicted by learned Judicial Magistrate F.C., Aurangabad in R.C.C. No. 74 of 1998 for the offences under Section 324 read with 34 of Indian Penal Code sentencing them to suffer simple imprisonment for three months and to pay a fine of Rs. 500/-, are praying for their acquittal.

(2.) Learned counsel for the petitioners Mr. Ladda submits that there are material contradictions regarding the incident itself. While PW 1 - Ashok stated that petitioner No. 1-Umakant is the author of the injuries which are caused by a knife, other eye witness i.e. PW 3 - Rajendra stated that in fact, petitioner No. 1 Umakant was holding a hockey stick. Alternatively, he submits that as the present petitioners were between the age group of 21-22 years at the relevant time; the conviction was recorded long back i.e. on 29th June, 1999; and after dismissal of the appeal by learned Sessions Judge, they were behind the bars for a period of three weeks, they may be released by giving benefits of the Probation of Offenders Act.

(3.) Learned APP opposes the plea. He submits that the injury certificates proved by the Medical Officer would clearly show that the present petitioners, in furtherance of their common intention, have caused injuries.