(1.) This appeal is preferred against the judgment and order 2 appln-745-2005.odt delivered by Judicial Magistrate First Class, Ashti, Tahsil Ashti, District Beed, in Regular Criminal Case No.80 of 2002, dtd. 13/6/2005. The respondents/ accused were acquitted. It is an appeal against acquittal. PROSECUTION'S CASE :
(2.) The informant Sudam Raktate (PW-1) was ploughing his agricultural land situated at village Sayedmir Loni, Tahsil, Ashti, District Beed on 27/3/2002, at about 12 noon. While ploughing, some thorny bushes were likely to cause obstacles to the bullocks eyes, which were existed on the common boundary (bandh) between his land and the land of accused/respondents. To avoid the injuries to the bullocks of the informant, he put some stones on those thorny bushes in order to bend the same. At that time accused No.1 quarreled with the informant. Other accused also came there with weapons i.e. axes, sticks and stones. They all assaulted the informant and his father. At that time, after listening the hue and cry of informant his parents and wife etc. came there to rescue him. The accused also beat them by sticks, stones and axes. The informant and his father was admitted in the hospital. A report was lodged on the same day. Crime No.19/2002 was registered in the Police Station, Ashti and the charge-sheet was filed.
(3.) Charge was framed against the accused for the offence punishable under Ss. 323, 324, 504, 147, 148 read with Sec. 149 of the Indian Penal Code, 1860 (for short IPC) and Sec. 135 of the Maharashtra Police Act, 1951. Accused denied the charge and they were tried.