RANGNATH PRATAPRAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has impugned the order of conviction and sentence passed by Judicial Magistrate First Class, Hingoli in Regular Criminal Case No. 116/1991, sentencing him to rigorous imprisonment for one month and to pay fine of Rs. 200/- in default, S. I. lor fifteen days and the order of the Appellate Court, confirming the order of conviction and sentence so far as the petitioner was concerned passed on 6-5-1998 in Criminal Appeal No. 9/1993.

(2.) Briefly stated the relevant facts are that complainant Madhukar Manjramkar is staying in Risala Bazar at Hingoli with his son and other members of the family. On 3-3-1991 at about 7. 00 p. m. , there was a quarrel between son of complainant namely deepak (PW-4) and the petitioner, during which, petitioner took bite on the shoulder of Deepak. Deepak then lodged a complaint against the petitioner. After completing the formalities in respect of this complaint, complainant and Deepak returned to their house. Soon after that at about 8. 30 p. m. , petitioner along with three others, entered complainant's house and sought an explanation as to why the complaint was lodged against him with the police. During the course of the quarrel, petitioner assaulted the complainant by dealing stick blow on his back on left ribs, on head and toe. His brother-in-law Chandramuni (PW-5) came to rescue the complainant on hearing the noise. Petitioner assaulted Chandramuni also causing injuries to him. During the course of the quarrel, (PW-2) Ambhore and (PW-3) Prof. Telmore, who are the neighbours, came to the scene of occurrence and stopped the quarrel. A complaint was then lodged and investigated. After completion of the investigation, petitioner and three others came to be charge sheeted.

(3.) At the conclusion of trial, learned Trial judge found that the guilt of petitioner and other accused is established. He, therefore, convicted them for commission of offence punishable under Sections 452 and 323 read with Section 34 of the Indian Penal code and sentenced each of them to rigorous imprisonment for one month and fine of Rs. 200/-, in default, simple imprisonment for fifteen days. Out of the fine amount, rs. 300/- was ordered to be paid to the complainant by way of compensation under sec. 357 of the Code of Criminal Procedure.