STATE OF MAHARASHTRA Vs. JAGANNATH KISHANLAL KUTIYAWALE

JUDGEMENT

(1.) The State takes exception to the judgment and order dtd. 30/11/2004 passed by learned JMFC, III Court, Nanded in RCC No. 859 of 2001, thereby acquitting the present respondents from charge under Ss. 324, 506 r/w 34 of IPC.

(2.) The original complainant has also preferred separate revision application challenging the acquittal as above.

(3.) On 16/6/2001, complainant Gangaram, while was in the company of his two sons, namely, Pawan and Nitin, was questioned by the accused for coming into the land and in such background it is alleged that complainant was assaulted. When his sons came to his rescue, they were also assaulted and therefore he filed FIR resulting into registration of crime bearing no. 166/2001 for offences punishable under Ss. 324, 323, 504, 506 r/w 34 of IPC. After completion of investigation, all three accused were chargesheeted and tried by learned JMFC vide RCC No. 859 of 2001.