STATE OF MAHARASHTRA Vs. SHIVAJI PURBHAJI SHINDE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 14.10.1998, delivered in Sessions Trial No. 108 of 1996 by the learned Sessions Judge, Parbhani, whereby respondent Nos. 1 to 3 came to be acquitted of the offences punishable under sections 307 and 342 of the Indian Penal Code (for short, "I.P. Code").

(2.) Briefly, the case of the prosecution is that there was some dispute between the informant viz:- Vikram Tukaram Solav, resident of Barbadi, Taluka Purna, District Parbhani and respondent No. 2 on account of agricultural land bearing Block No. 133 admeasuring 1 H 13 R situate within the local limits of village Adagaon. The Tahasildar, Purna passed an order on 16.09.1995 in favour of the informant in respect of that land. It is alleged that on 26.10.1995 at about 8.30 p.m., when the informant was going to his agricultural land from his village Barbadi, the respondents restrained him on the way near a Tower. They uttered that the informant was troubling them very much. Thereafter respondent No. 3 gave sword blow on the left wrist of the informant, while respondent Nos. 1 and 2 gave sword blows on his head. The informant sustained bleeding injuries on his wrist and head. He started shouting. On hearing his shouts, one Sitaram Gound, Gangadhar Bhore and others rushed to the spot of the incident. The informant had caught hold of respondent No. 1. However, by giving a jerk to the informant, he fled away with the sword.

(3.) The informant immediately went to Police Station, Purna along with Sitaram Gound, Gangadhar Bhore and Datta. He narrated the incident before the police. The police recorded his First Information Report ("report" for short). On the basis of that report, Crime No. 120 of 1995 came to be registered against the respondents for the offences punishable under sections 307 and 341 read with section 34 of the I.P. Code.