THE STATE OF MAHARASHTRA Vs. GUNDU AND ORS.

JUDGEMENT

(1.) STATE has filed this appeal against acquittal of respondents - original accused No. 1 to 4 in R.C.C. No. 103/1999 vide judgment dated 1.3.2002, passed by Judicial Magistrate, First Class, Degloor.

(2.) IN brief, the case of prosecution is as follows:

(3.) MATTER came up before the Judicial Magistrate, First Class, Degloor. He framed charge under Section 325 read with Section 34 of the Indian Penal Code, 1860 (I.P.C. In brief) against the accused persons for grievous hurt of dislocation of teeth of P.W.2 Sumanbai. Charge was also framed under section 324 read with Section 34 of the Indian Penal Code against the accused persons for voluntarily causing hurt to the complainant and other witness by stone and sticks. Charge under section 504 was framed against accused for intentional insult of Sujalabai and for criminal intimidation of Sujalabai under Section 506 of the Indian Penal Code. The accused persons pleaded not guilty. They have been tried by the Judicial Magistrate, First Class. Prosecution examined 12 witnesses to prove the offence. The defence of the accused persons is of denial. According to them, due to election dispute and due to earlier strained relations false case has been filed.