MAHADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant appeal arises out of the judgment and order passed by learned Adhoc Additional Sessions Judge, Hingoli dtd. 29/12/2003 in Sessions Trial No. 01 of 2000, by which present appellants are held guilty for commission of offence punishable under Sec. 324 r/w 34 of the Indian Penal Code [IPC].

(2.) Sengaon Taluka Police Station registered crime on the basis of FIR filed by Ashru (PW6), regarding occurrence taking place on 03. 06.1999 at around 7.30 to 8.00 p.m. The genesis of the occurrence is, obstruction of way. Accused persons assaulted complainant and injured by use of articles like stick, axe, fists and kick blows. Injured were referred to Government Hospital. On the statement of Ashru, crime bearing no. 45/1999 was registered for offence under Ss. 307, 324, 504, 147, 148 and 149 of IPC against in all 8 accused persons.

(3.) In support of its case, prosecution adduced evidence of in all 12 witnesses and also relied on documentary evidence. Defence also adduced evidence of DW1, a medical officer. After appreciating the evidence adduced by both sides, learned trial Judge recorded the finding that prosecution has succeeded in establishing guilt of only accused nos. 1 to 3 for offence under Sec. 324 r/w 34 of IPC and sentenced them to suffer imprisonment for two years and to pay fine, in default, to suffer simple imprisonment for six months. By same judgment, accused nos. 4 to 8 stood acquitted from all charges. Above conviction is now taken exception to by convicts-original accused nos. 1 to 3.