VILAS CHOKHOBA MHASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original complainant Vilas, who set law into motion resulting into registration of crime bearing no. 04/2007 for offence under Ss. 147, 148, 323, 324, 504, 506 r/w 149 of IPC, is hereby taking exception to the judgment and order dtd. 21/12/2021 passed in Criminal Appeal No. 66 of 2015 thereby allowing the appeal and setting aside the judgment and order dtd. 11/8/2015 passed by learned J.M.F.C., Ambajogai in R.C.C. No. 291 of 2007.

(2.) Learned trial court had convicted present respondents for offence under Ss. 324 r/w 149, 323 r/w 149, 147, 148 of IPC. But, learned first appellate court acquitted them. Hence, original complainant has preferred instant appeal.

(3.) In short, on the strength of private complaint as well as FIR by Vilas Chokhoba Mhaske, crime was registered wherein he reported that, on 10/7/2007 while he was standing in front of his house, in the backdrop of previous complaint, accused nos. 1 to 8 came armed with sticks and axes. Initially accused Sukhdeo questioned complainant for lodging complaint and thereafter mounted assault during which he gave blow of axe on the head of complainant. Accused Nos. 1 to 3 i.e. Bhikaji, Promod and Amol used sticks for assaulting him on shoulder and thigh. When his mother came to his rescue, accused Sukhdeo hit his mother with handle of the axe on right leg below the knee. Remaining accused nos. 4, 5, 6 and 9 i.e. Shantabai, Ashwini, Seema and Vardhavan assaulted him as well as his wife and sister by means of kicks and fist blows. Neighbours, namely, Ratan, Maruti and Shrikishan intervened. They approached police who referred him to hospital and thereafter on his statement, FIR was registered.