MAHENDRA SAMPAT ADOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE 17 applicants have challenged the order dated 24-3-1992 by IIIrd Assistant Sessions Judge, Akola in Sessions Trial No.117 of 1990 and the judgment and order dated 18-3-1995 passed by the Sessions Judge, Akola in Criminal Appeal No.43 of 1992.

(2.) SHORTLY stated, the facts are as under: The incident occurred on 28-8-1989 at about 5.00 p. m. at Village Patur Nandapur under the jurisdiction of Police Station, Pinjar, District Akola when it is alleged that the applicants, by forming an unlawful assembly, caused injuries to P. W. 1 Ramkrushna by means of axe, iron rod and sticks. The applicants were therefore tried for the offence punishable under Section 147, 148, 149, 307 read with Section 34, and Section 324 read with Section 34 of the Indian Penal Code. The prosecution has examined injured Ramkrushna as P. W. 1, eye witnesses P. W. 3 Anna and P. W. 4 Sk. Ayub. P. W. 1 had sustained 11 injuries mostly lacerations, incised injuries and contusions. P. W. 1 Ramkrushna lodged the report of the incident at Pinjar Police Station. Motive for the crime was enmity over the disputes about land. The sum and substance of the eye witness account adduced by the prosecution is that five accused persons assaulted P. W. 1 with weapons in their hands such as axe, iron rod etc. and the rest of the accused assaulted the injured P. W. 1 with sticks. The injuries on the person of P. W. 1 are proved on record. The defence of the accused-applicants is that the complainant and his associates, by forming an unlawful assembly, entered into the house of Sanjay - applicant/accused No.7 and assaulted him and one Gajanan (appellant-accused No.8) who was sitting in his house. Sanjay and Gajanan received injuries. Gajanan reported the matter to the Police Station, Pinjar on the next day i. e. on 29-8-1989 at 2.45 A. M. and the offence under Section 147, 148, 149 and 448 of the Indian Penal Code was registered and Criminal Case No.1056/89 was pending against the complainant and others in the Court of IIIrd J. M. F. C. , Akola. It is in the defence that as a counter-blast, P. W. 1 Ramkrushna has lodged a false report. A copy of the report lodged by Gajanan, chargesheet in Criminal Case No.1056/89 was produced on record of the trial Court vide Exh. 81. Believing the prosecution evidence, the learned Assistant Sessions Judge has recorded a finding of conviction against the applicants for the offence punishable under Section 147, 148, 149 read with Section 324 of the Indian Penal Code and sentenced them to suffer R. I. for three months and to pay a fine of Rs. 500/-, in default to suffer further R. I. for one month.