SWARUPCHAND Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Felt aggrieved, the appellant is before this court to challenge his conviction, for the offence punishable under Section 326 of the Indian Penal Code and the sentence to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/, in default to suffer simple imprisonment for five months, as imposed by the learned II Additional Sessions Judge, Aurangabad, dated 12.10.2000 in Sessions Case No. 358 of 1996.

(2.) The prosecution case, as it was unfolded during the course of the trial, can be narrated as under :

(3.) Madhukar Aute gave a requisition to the Medical Officer, Primary Health Center, Gangapur, for taking the statement of Gotiram (Exh.35). Thereafter as per the evidence of Madhukar Aute, he recorded a cursory statement of Gotiram (Exh.36). This statement of Gotiram was treated as first information report. The offence was registered against the present appellant and others vide Crime No.16 of 1996.