STATE OF MAHARASHTRA Vs. GOVINDA SAMPATRAO GHOGARE

JUDGEMENT

(1.) The State of maharashtra has preferred this appeal against the judgment and order passed by the Additional sessions Judge, Washim, whereby he acquitted the respondent-accused of the offences punishable under Sections 307,326 and 323 read with Section 34 of Indian Penal Code.

(2.) The facts giving rise to this appeal are as under: the complainants and the accused are resident of village Pardital, P. W. 2 Parasram son of P. W. I Atmaram was serving with accused no. 1 as labourer. He was engaged on the basis of the yearly salary payable to him. It is alleged that Parasram was charged by accused No. 1 and his sons for having committed theft-Parasram, therefore, left the services. Before Parasram left the services of accused No. 1, the father of parasram had taken part of the salary of Parasram in advance from accused. Since Parasram left the job after a charge was levelled against him and before the completion of one year the accused were demanding back the money which they had paid to Atmaram. They made such demand from Atmaram on several occasions, but atmaram refused to pay the amount. It is alleged that on the date of incident Atmaram, his sons parasram, Gajanan (P. W. 3) and Dnyandeo (P. W. 4) were sitting in front of the cattle-shed in which one Manjulabai (P. W. 5) also resides. While they were talking with each other, it is alleged that accused No. l and 2 came there. They demanded the amount from Atmaram. Atmaram said that he would pay the amount after the accounts are settled. Upon this accused No. 2 prakash got enraged and hit Atmaram with chappal. Accused No. l Govinda then rushed home and brought two sticks with him. Accused no. 1 handed over one of the sticks to accused no. 2 Prakash and then they started assaulting atmaram. Atmaram sustained injuries over head and other parts of the body. Parasram, Govinda, dnyandeo, Manjulabai and her son Balu (P. W. 6) tried to intervene. It is alleged that they too were injured and they all suffered injuries in the said incident. Atmaram fell unconscious on the spot and the accused then went away. P. W. 7 Namdeo then carried Atmaram and the injured to mangrulpir Police Station where they lodged report. All of them were referred to Medical officer. Since Atmaram was unconscious he was referred to Civil Hospital at Akola. The police seized the two sticks from the house of the accused persons. They recorded the statements of the witnesses and filed charge-sheet against the accused.

(3.) The Judicial Magistrate, First class committed the case to the Court of sessions. Charge was framed against the accused. They pleaded not guilt. They raised the defence that it was the complainant's party who had in fact assaulted the accused persons. They denied to have caused any injury to any one from the complainant's party.