ANGAD KISHANRAO KIRWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, made returnable forthwith with consent of parties. Learned a. P. P. waives service for respondent/state.

(2.) THE petitioners impugn order of jmfc, Gangakhed dated 5-2-2002 passed in R. C. C. No. 428/1998 convicting the petitioners of offence punishable under section 452 read 34 of I. P. C. and sentencing them for three months of R. I. and to pay a fine of Rs. 200/- each, in default to suffer r. I. , for fifteen days, and for the offence punishable under section 324 read 34 of I. P. C. and sentencing them to suffer R. I. for one month and to pay of fine of Rs. 100/- each, in default R. I. for seven days. Learned Magistrate directed that the sentences are to run separately. The order of conviction and sentence was confirmed by the Appellate Court by order dated 28th July, 2005 in Criminal appeal No. 2/2004. The petitioners impugns these orders in the present petition.

(3.) FACTS relevant for deciding the petition are that : Complainant Prabhuappa (P. W. 1), Padminibai w/o Kundlik (P. W. 2), padminibai w/o Ashroba (P. W. 3), Ram (P. W. 4), Chandrakalabai (P. W. 5) are the neighbours of petitioner No. 4 Baban s/o kishan Salve. On 5-5-1998, Prabhuappa made allegations that his stones were stolen by petitioner No. 4 Baban and sought explanation from him. As the accusation was made, petitioner No. 4 Baban abused him. Therefore, the complainant lodged a report with police. On 15-5-1998 petitioners entered house of complainant prabhuappa, armed with sticks and started a quarrel because previously Baban was accused of stealing stones. They started beating Prabhuappa, Padmini w/o Kundlik (P. W. 2 ). Padminibai w/o Ashroba (P. W. 3), ram (P. W. 4) and Chandrakalabai (P. W. 5)came to the rescue of Prabhuappa. They were also assaulted. All of them suffered injuries. After the incident. Complainant prabhuappa lodged a complaint with gangakhed Police Station. On the basis of this complaint, offences punishable under sections 452, 324 read with 34 of I. P. C. were registered against the petitioner. After investigation charge-sheet was filed. It is registered as R. C. C. No. 428/1998. After conclusion of the trial, the petitioners came to be convicted as aforesaid and were sentenced to suffer R. I. for three months and to pay a fine of Rs. 200/- each for the offence punishable under section 452 read with 34 of I. P. C. and R. I. for one month and fine of rs. 100/- each for the offence punishable under section 324 read with 34 of I. P. C.