RAMKISHAN SHIVRAM KARLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original complainant herein takes exception to the judgment and order dtd. 22/7/2003 rendered by learned Additional Sessions Judge, Shrirampur in Criminal Appeal No. 18 of 2000 arising out the judgment and order dtd. 8/6/2000 passed by learned JMFC, Newasa in R.T.C. No. 7 of 1997, a private complaint at the instance of the present appellant.

(2.) Present appellant set law into motion on the premise that on 9/1/1997, present respondents (original accused) came to fell/cut babul tree over the common bandh, which was objected to, and as a result of it, he was assaulted. When his brothers came to prevent the assault, they too were assaulted by accused persons by means of axe, sickle, iron pipe and iron bar respectively, causing them multiple injuries. They had approached police who referred them to hospital, the complaint was registered as NC and therefore, they were constrained to approach the court of learned JMFC by filing above R.T.C. and trial therein was conducted by learned JMFC, resulting into recording conviction for offence under Sec. 324 of IPC.

(3.) Such judgment and order of conviction was challenged by the present respondents before learned Additional Sessions Judge, Shrirampur, who, after hearing both sides, acquitted the accused from all charges.