THE STATE OF MAHARASHTRA Vs. SHIVSAMBH AND ORS.

JUDGEMENT

(1.) Heard both sides.

(2.) Aggrieved by the recording of acquittal of the present respondents from the offences punishable under section 324, 323, 504 and 506 read with section 34 of the I.P. Code, vide judgement and order dated 30th August, 2002, passed by the learned IInd Joint Judicial Magistrate First Class, Parbhani in Regular Criminal Case No. 605/1999, the present appeal is preferred by the State.

(3.) The prosecution allegations are that since the complainant PW1 Ramrao Lokhande was in good terms with the eye witnesses i.e. PW3 Mohan Bhujbal and PW4 Gangadhar Bhujbal, the present respondents who are the father and son interse, had animosity against complainant - the injured. In the circumstances, on 3rd September, 1999, when the complainant PW1 Ramrao was returning from the river, at that time, respondent No. 1 Shivsambh has started slapping and giving fists. Thereafter at about 11.00 a.m., in the morning, when the complainant went to the house of the respondents to narrate the incident to the father i.e. respondent No. 2 Bajrang, at that time, both of them started assaulting him. During the assault, respondent No. 1 Shivsambh gave one blow of stick over the head of the complainant. In the incident, respondent no. 2 Bajrang hurled bricks and stones towards the complainant. The eye witnesses i.e. PW3 Mohan and PW4 Gangadhar had mediated in the quarrel and thereafter, the brother of the complainant admitted him to the Government hospital at Parbhani. In the circumstances, FIR came to be filed on the same day i.e. 3rd September, 1999.