LAWS(BOM)-2006-6-137

BABUTATYARAO KSHIRSAGAR Vs. BHIKAJIMAROTRAO

Decided On June 30, 2006
BABU TATYARAO KSHIRSAGAR Appellant
V/S
BHIKAJI MAROTRAO Respondents

JUDGEMENT

(1.) THE petitioner/complainant, being aggrieved by the reversal order dated 18-9-1998, passed by the learned Additional Sessions judge, Parbhani, whereby, all the accused have been acquitted of the offences punishable under sections 147, 341 and 326 read with 149 of the Indian Penal code.

(2.) AS per the prosecution, on 26-6-1985 at about 7 00 p m, the petitioner/complainant was going towards village Purna All the accused persons assaulted the petitioner The accused were armed with sticks and axe The complainant received severe injuries, which resulted into amputation of his right leg He lodged complaint with Hatta police station at about 1100 hours The offence was registered accordingly.

(3.) THE prosecution has led evidence of 16 witnesses, which include, complainant PW1, Taramati, PW4 (eye witness) - sister of complainant, sadashiv PW5 brother of the complainant, Champatrao PW7 - bullock cart driver who shifted the injured complainant, Rukhmabai PW9 - mother of complainant, Mirabai PW11 (eye witness), Balasaheb PW13 - panch witness to the spot, Janardhan PW14 - PSI/io, Dr Babasaheb PW15 and Prakash PW16 -Medical Officers No defence witness was examined.