BHAIYYAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Additional Sessions Judge recorded a finding of conviction for the offence punishable under section 325 of the Indian Penal Code, accepting the testimony of P.W. 1 Laxman (complainant).

(2.) ACCORDING to the version of complainant on 16.1.1989 at about 11.30 P.M. while he was going on bicycle his cycle slipped and he fell down. The buffaloes got disturbed. Therefore, accused No. 2 came there with axe and accused No. 1 came with stick. Accused No.1 gave a stick blow on temporal region and accused No. 2 gave an axe blow on the forehead from the sharp side of the axe. P.W. 7 Dr. Matkari has examined the complainant. According to him, accused sustained lacerated wound on fore -head, and the assault could be by hard and blunt object. There is no evidence according to doctor of internal head injury or internal damage. According to me, the incident of assault as described, does not adequately correspond with the medical evidence.

(3.) BESIDES , this, the defence was that the accused persons caught the complainant thinking him to be a thief and carried him to the Police Station. The complainant admitted that when he fell down, dogs started barking. Moreover, there are material contradictions in his initial and supplementary statements which are brought on record. Having regard to the contradictions and medical opinion, the evidence tendered by complainant P.W. 1 Laxman cannot be accepted as a trustworthy. As such, the appellant Bhaiyyaji is entitled for acquittal.