THE STATE OF MAHARASHTRA Vs. VASANT AND ORS.

JUDGEMENT

(1.) Heard both sides.

(2.) Aggrieved by the order of acquittal recorded in favour of the respondents by the learned Chief Judicial Magistrate, Beed, vide judgement and order dated 04.06.2003 passed in Regular Criminal Case No. 481/2000, from the offences punishable under section 323, 324, 325, 504 read with section 34 of the Indian Penal Code, the present appeal is preferred by the State.

(3.) The prosecution case, in short, is as under :. That, on 4th October, 2000, while present respondent No. 1 Vasant and respondent No. 2 Sominath assaulted PW1 Babu the complainant with an axe on his head, rest of their family members i.e. respondents No.3 and 4 the women members gave fist blows on hands and legs of complainant Babu. When his son i.e. PW2 Siddhu tried to rescue his father, the respondent No. 2 Sominath gave a blow of reverse side of the axe on his hand. Further, they criminally insulted the complainant. The incident is stated to have occurred at 11.00 a.m. in the morning in the field.