EKNATHRAO Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard Adv. Mr. D.R. Bhadekar appearing for the revision applicant and the learned APP Mr. S.D. Kaldate for respondent no.1 - State. Nobody for other respondents.

(2.) The applicant herein is the original complainant in Regular Criminal Case No. 51/1998. The learned Judicial Magistrate (F.C.), Degloor, vide judgment and order dated 30th September 2002, was pleased to acquit original accused nos.2 to 4 for the offence punishable under Section 325, read with Section 34 of the Indian Penal Code. The original accused no.1 - Maroti s/o. Kashinath @ Kamaji Hingole was convicted for the offence punishable under Section 325 of the IPC and was sentenced to suffer imprisonment till rising of court and to pay fine of Rs. 1000/-, in default of payment of fine, to suffer simple imprisonment for one month. Being aggrieved by the said judgment and order, the original complainant had filed the present Revision Application. It is prayed in the Revision Application, that the Government i.e. respondent no. 1 be directed to file appeal against acquittal of accused nos.2, 3 and 4, and further file an appeal seeking enhancement of punishment and fine awarded to accused no.1.

(3.) Such of the facts necessary for the decision of the present Revision Application are as follows :