STATE OF MAHARASHTRA Vs. MADHAV BALIRAM KADAM

JUDGEMENT

(1.) In these appeals, there is challenge to the judgment and order dtd. 16/12/2004 passed by learned Additional Sessions Judge Kandhar in Criminal Appeal No. 18 of 2003 (New)[Criminal Appeal No. 19 of 2002 (Old)] acquitting the accused from offence under Sec. 325 r/w 34 of IPC.

(2.) Charge was framed against four accused before learned Judicial Magistrate First Class, Mukhed on accusation that on 24/8/1994, in furtherance of common intention, accused persons voluntarily caused grievous hurt to the complainant Vyankatrao as well as Kamalbai in the backdrop of previous animosity. Therefore, offence under Sec. 325, 324 r/w 34 was registered and charge was framed against accused. Learned J.M.F.C. appreciated the evidence and by judgment and order dtd. 12/8/2002, convicted the accused for offence under Sec. 325 r/w 34 of IPC. Feeling aggrieved by the above conviction, the accused moved the Additional Sessions Judge, who re-appreciated the entire evidence and recorded finding that prosecution had in fact failed to prove the case beyond reasonable doubt and thereby acquitted the accused, overturning the judgment and order of conviction. Dissatisfied by the above, the State as well as the complainant have questioned the judgment of acquittal by filing distinct appeals on various grounds raised in respective appeal memo.

(3.) The complainant has also filed Criminal Application No. 3232 of 2019 seeking condonation of delay in filing the appeal. For the reasons mentioned in the application, the same is allowed. Delay stands condoned. The appeal filed by the complainant is heard along with the instant appeal by the State and decided together by the common judgment and order.