NAGORAO KERBA BANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judicial Magistrate, First Class, Kandhar convicted the petitioner for the offence punishable under section 324 of the indian Penal Code by order dated 14-11-1995 and sentenced him to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default, rigorous imprisonment for one month. The matter was carried in appeal. The appellate Court dismissed Criminal Appeal No. 78/1995 by order dated 29-5-1998, confirming the order of conviction and sentence passed by the trial Court. Both these orders are impugned in the present revision petition.

(2.) Brief facts, relevant for the purpose of deciding the petition, are that complainant Nagnath owns 7 acres of agricultural land situated at Ashtoor. He looks after cultivation of this field. On 2-6-1993, he finished the work at about 4. 00 p. m. and was sitting in front of the hut. At that time, cattle belonging to petitioner entered his field and started grazing in the groundnut crop. The complainant, therefore, was driving out the cattle, but petitioner took an objection. This led to exchange of words and scuffle between the two. Paternal aunt of complainant namely Gangubai (PW-4) , who was tending a she-buffalow nearby approached them to intervene to stop the quarrel. However, petitioner dealt a blow on her head using blunt side of the axe, as a result, Gangubai sustained injury. Petitioner also dealt blows on the head of complainant using handle of the axe. On account of the injury sustained, complainant lost consciousness. Brothers of the petitioner namely Laxman, Govind and Bolu, had come there. All of them assaulted the complainant and Gangubai using stones. The incident was witnessed by Shivkanta, maternal niece of complainant, who was tending she-buffalows and had also come to the scene of occurrence.

(3.) After the incident, complainant Nagnath lodged a report with Malakoli police station (Exh. 30). The injureds were sent for medical examination. They were examined and treated by Dr. Nagargoje (PW-7). After completion of the investigation, charge-sheet was filed against the petitioner and his brothers. At the conclusion of the trial, learned Trial Judge found that the guilt is brought home to petitioner alone. In this view of the matter, he convicted the petitioner by order dated 14-11-1995 and sentenced him to suffer imprisonment as aforesaid.