SHANKAR AND ORS. Vs. ISHAQ AND ORS.

JUDGEMENT

(1.) This is a Revision against the judgment and order of acquittal, passed by the Judicial Magistrate, First Class, Omerga, dated 14.10.2002 in Regular Criminal Case No. 23 of 1999, whereby the learned Magistrate acquitted the present respondent nos. 1 to 5 for the offences punishable under Sections 147, 148, 324, 326 r/w 149 of the Indian Penal Code. The present Revision is preferred by Shankar Shivappa Patale (PW 2), who is the first informant and Shivraj Shankar Patale, the injured (PW 3).

(2.) I have heard Shri Mohit Deshmukh, advocate holding for Shri S.G.Chapalgaonkar, learned counsel for the applicants, Shri Nilkanth Pawade, learned counsel for respondent nos. 1 to 5 and Shri V.P.Kadam, learned Additional Public Prosecutor or respondent no.6/State.

(3.) Shankar Shivappa Patale, who was examined as PW-2, lodged report with police station Murum on 4.1.1999. Since, the said report (Exh.37) was disclosing commission of cognizable offence, police authorities registered the same as Crime No. 5 of 1999 for the offences punishable under Sections 147, 148, 324, 326 r/w 149 of the Indian Penal Code. After completion of usual investigation, the investigating officer was of the opinion that there is sufficient material collected during the course of the investigation against the accused persons.