DEORAO Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard Adv. Mr. S.S. Rathi for the applicant, learned APP Mr. S.G. Nandedkar for respondent no. 1 - State, and Adv. Mr. S.R. Bagal for respondent nos. 2 to 7.

(2.) The applicant herein happens to be the original informant in Crime No. 39/2007, registered at Purna Police Station, on 7-4-1997. It is the case of the prosecution, that the complainant i.e. present applicant had approached Purna Police Station on 7-4-1997 and lodged report alleging therein, that the present respondent nos. 2 to 7 had, without any reason, assaulted him while he was in his agricultural land. Upon hearing his cries, his son Rangnath had come to the spot and that the accused/respondent nos. 2 to 7 had also assaulted Rangnath. They had sustained injuries. They had approached Purna Police Station immediately. They were referred to the hospital. On the basis of his report, Crime No. 39/1997 was registered at the Police Station against present respondent nos. 2 to 7 for the offences under Sections 147, 148, 149 and 326 of the Indian Penal Code. After completion of investigation, charge sheet was filed on 1-5-1997. The case was registered as Regular Criminal Case No. 474/1997.

(3.) The accused/respondent nos. 2 to 7 herein had also lodged a report at Purna Police Station, in respect of the same incident. On the basis of the report lodged by Sakharam Hambarde, Crime No. 40/1997 was registered against the present applicant and that, the present applicant and Rangnath were tried for the offences punishable under Sections 323, 324, read with Section 34 of the Indian Penal Code. The accused/respondent nos. 2 to 7 have been acquitted in the present case. So also, the applicant has also been acquitted in the cross complaint in Regular Criminal Case No. 466/1997. Hence, the applicant is challenging the judgment and order of acquittal passed in favour of present respondent nos. 2 to 7, by filing present Revision Application.