AYODHYABAI KRISHNA GAIKWAD Vs. GOKUL ANNA DEOKAR

JUDGEMENT

(1.) This is an appeal by the original complainant against the order of acquittal recorded by the learned Judicial Magistrate, First Class, Paranda, in Criminal Case No. 303 of 1979 in respect of offences under sections 323, 342 and 504 read with section 34 of the Indian Penal Code decided on 31st October, 1980.

(2.) The case of the complainant Ayodhyabai in the lower Court was that on 2nd August 1979 at about 5.30 p.m. in front of the temple in village Sakat Khurd, taluka Paranda, district Osmanabad, she found her daughter named Yeshoda, a school going girl, weeping and so, she asked her why she was weeping. Yeshoda replied to her that she was beaten by accused No. 2-Somnath. She alleged that all the accused came to the spot with sticks in their hands and they started abusing her. Accused No. 2 gave a blow of spade on her head while accused No. 1 pelted a stone on the left side of her back. Accused No. 2 also gave a spade blow on the right arm pit and on the upper side of thigh and due to this assault, she sustained injuries. Her husband Krishna (P.W. 2) came to the spot at that time and he was also assaulted by accused No. 4. On 8th August, 1979, the complainant lodged complaint at the Police Station and she was referred to the medical officer. Dr. Kokne (P.W. No. 3) found four injuries on her person. As the police did not take any action on her complaint, she filed a private complaint in the trial Court against all the seven accused for offences under sections 342, 323 and 504 read with section 34 of the Indian Penal Code.

(3.) The learned Magistrate explained particulars of offences mentioned above to all the seven accused, who pleaded not guilty. The complainant examined five witnesses in all including herself before the learned Magistrate and on considering their evidence, he found that the complainant had failed to establish any of the charges against the accused. Eventually, by order dated 30th October, 1980, he acquitted all the accused in respect of the three offences mentioned above. Feeling dissatisfied, the complainant has filed this appeal.