STATE OF MAHARASHTRA Vs. ARJUN DNYANDEO DARADE

JUDGEMENT

(1.) The respondents in appeal were chargesheeted and tried for commission of offence punishable under Ss. 143, 147, 148, 325, 324, 323, 504, 506 r/w 149 of IPC. Five witnesses seem to have been examined in trial. There is no dispute about the complainant party and accused persons to be immediate neighbours having lands adjoining to each other and secondly, there to be civil disputes as well as criminal complaints against each other.

(2.) Re-appreciated and re-analyzed the evidence on record. Alleged incident seems to have taken place on 17/7/1997. Law is set into motion by Govindrao (PW1). He claims that on the said date, accused persons, getting annoyed by the order of Tahasildar in his favour, caused damage to his crops and therefore he questioned accused Arjun and Rajendra and further, according to him, after initially abusing him, Arjun and Murlidhar apprehended him and he was assaulted by means of kicks and fist blows, whereas Raju assault on his right rib by means of handle of axe causing fracture to his bone. Hearing his cries and shouts, his family members namely Aprukabai, Sanjubai, Babanbai, Meenabai and Sampat (nephew of informant) came to his rescue and at that time, he has alleged that, accused Sudamati and Dnyandeo caught hold of Aprukabai and accused Arjun assaulted Aprukabai with knife on her left hand. One Raosaheb Nagare and Vinayak Landge, who had arrived there, also intervened. According to him, they initially approached police station and were referred to hospital and while undergoing treatment, police approached on the next day and reduced his complaint into writing (Exhibit 70)

(3.) PW2 Sampat, who is nephew of informant PW1, has also deposed in his evidence at Exhibit 75 that, when his paternal uncle Govindrao questioned accused for cutting bajara crop, he heard cries and therefore he himself, his wife Meenabai, his mother Aprukabai, aunt Babanbai, his brother's wife Sanjubai rushed there to intervene. According to him, accused Arjun, Navnath, Rajendra, Murlidhar, Sudamati, Dnyandeo and Ashrabai assaulted them by means of kicks and fist blows. According to him, accused Raju assaulted his uncle by means of handle of axe and accused Arjun assaulted his mother by means of knife on the left hand. His uncle lodged report.