STATE OF MAHARASHTRA Vs. MANIK TUKARAM HONMANE

JUDGEMENT

(1.) Heard learned counsel, appearing on behalf of the respective parties.

(2.) This is an appeal by the State under section 377 of the Code of Criminal Procedure against the inadequacy of sentence recorded by Judicial Magistrate First Class, mukhed in Regular Criminal Case No. 192/ 1993 whereby the accused/respondents have been convicted for the offence under section 325 r. w. 34 of IPC and sentenced to suffer imprisonment till rising of the Court and fine of Rs. 200/- each, in default to suffer rigorous imprisonment for one month, each, as well as convicted for the offence under sections 324 and 323 r. w. 34 of IPC and sentenced to suffer imprisonment till rising of the Court and fine of Rs. 100/- and Rs. 50/- each, respectively.

(3.) The incident in question was alleged to have taken place on 12-09-1993 at 8. 00 a. m. Informant PW1 Ramrao was ploughing-his field. Accused No. 1 Manik had gone there and had quarrel with him on account of grant of way to their land. After that quarrel, when Ramrao was coming to the village to inform this incident to his father mashana, he was restrained near the village gate. Accused No. 2 Tukaram was having a harrow share in his hand and accused no. 3 Venkat was having a katti. Accused no. 3 Venkat gave a blow by katti on the mouth of Ramrao and caused injury including fracture of teeth. At the same time, accused No. 2 Tukaram assaulted Mashana and caused injuries including fracture of nozal bone. Other accused were also alleged to have assaulted them. PW4 Pandurang was also assaulted and he had sustained injuries. At the next morning, PW1 Ramrao lodged complaint on which offence came to be registered. All the injured were sent to rural Hospital, Degloor for medical examination. PW7 Dr. Vinayak Munde, Medical officer examined them and issued medical certificates (Exh-31 to Exh-34). In the investigation, PW8 ASI Dattatraya Kadam got recovered weapons of assault which were produced before him by the accused under panchanamas (Exh-26 and Exh-27). Injured pw2 Mashana was referred to General Hospital, nanded for treatment. He was treated there and on taking X-rays, doctor noticed fracture to nozal bone of Mashana. Thereafter, the Investigating Officer submitted charge-sheet against the accused alleging offence under sections 325, 324, 323 of IPC.