SHAIKH MOOSA SHAIKH YASIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Revision petitioner/original informant questions the legality and propriety of judgment and order dtd. 9/11/2020 passed by learned Sessions Judge, Jalna in Criminal Appeal No.42 of 2015 arising out of judgment and order dtd. 20/2/2015 passed by learned J.M.F.C., Badnapur in R.C.C. No. 97 of 2011.

(2.) In short, crime bearing 105/2011 was registered at Badnapur Police Station on the report of PW2 Sk. Moosa S/o. Sk. Yasin, alleging that, on 25/7/2011 while he was proceeding towards his field, accused initially obstructed his way, and thereafter, he was assaulted by means of stick, axe and stone, causing him bleeding injury. On his above report, crime was registered, investigated and accused were duly charge- sheeted for commission of offence under Sec. 324, 323, 504 r/w sec. 34 of Indian Penal Code. At trial, prosecution adduced evidence of in all 09 witnesses and also sought reliance on documentary evidence like FIR, panchanama and injury certificate.

(3.) Learned counsel for revision petitioner would point out that, prosecution had proved its case beyond reasonable doubt by adducing cogent and reliable evidence. She would submit that, here, there is testimony of injured informant and three eye witnesses, but the story of prosecution is still unfortunately disbelieved. According to her, there was recovery of articles and as regards to assault and injury is concerned, there was corroboration from Medical Officer, but even such evidence has not been taken into account by both, trial court as well as first appellate court.