STATE OF MAHARASHTRA Vs. SUHASNI PALYEKAR

JUDGEMENT

(1.) This is State's Appeal against the acquittal of the accused under sections 323, 325, 504 and 506 r/w 34 i. P. C. by judgment/order dated 12-12-2003 of the learned J. M. F. C. , Pernem.

(2.) The case of the prosecution was that on 18-3-1997 at about 8. 00 hours at kiranpani, Pernem, the accused in furtherance of common intention abused P. W. 4/ rajaram Palyekar and his family members with bad words, and threatened then with dire consequences and assaulted them with dandas as a result of which P. W. 5/ Sadguni palyekar alias Bandini Arolkar received grievous injuries whilst others received simple injuries.

(3.) In support of their case, the prosecution examined as many as 11 witnessed. P. W. 2/manohar Palyekar and P. W. 4/ rajaram Palyekar are brothers and were injured in the incident. P. W. 5/ Sadguni palyekar is the daughter of P. W. 2 / Manohar palyekar and was also injured. P. W. 7/ sulochana Palyekar is the wife of P. W. 4/ rajaram Palyekar and was also injured. P. W. 6/laxmi Gadekar is another witness who is alleged to have been present. P. W. 1/subhash Tari is a Panch witness who is said to be related to the family of the complainant-P. W. 4 / rajaram Palyekar. P. W. 8/ Dr. B. G. Talkar examined the injured. P. W. 9/ Tulsidas Gawandi appears to be the only independent witness who was examined by the prosecution. P. W. 10/ subhash Narvekar, Head Constable and p. W. 11 / Pandurang Sawant were the Investigation Officers.