NANASO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 24th December, 1993, passed by the lind Additional Sessions Judge, Satara in Sessions Case Nos. 155 of 1989 and 264 of 1992, has come up in appeal before us. Along with the appellant one Ratansinh Vikram Sampat Jadhav was also tried, but he has been acquitted by the same judgment.

(2.) THE incident in question took place on 17th March, 1989, at about 10. 35 p. m. in front of Sevagiri touring talkies at Pusegaon in District Satara. At that time P. W. 5 Bhanudas Jadhav who was working in the talkies was towards the side door of the talkies. At that juncture, a quarrel between the appellant and the deceased took place. The quarrel was regarding the expenses of white washing of the shop of the appellant. While the quarrel was going In, the deceased asked Bhanudas Jadhav to permit him to enter the talkies, but he refused. The appellant came there. First he gave one fist blow to Janardan. Then he gave him a kick. Then lifting the collar of Janardans shirt inflicted a solitary blow with a gupti on his person resulting in Janardan falling down on the ground. Thereafter, the appellant again gave one fist and kick blow to Janardan. Thereafter, the appellant is said to have run away. Apart from PW 5 Bhanudas Jadhav this incident was seen by PW 4 Sugandhabai Masane.

(3.) THE F. I. R. of the incident was lodged by Ganpat Jadhav P. W. 16, the brother of the deceased on receiving information about the incident from his mother. On its basis a case under Section 302 I. P. C. was registered against the appellant. It appears that during the course of the investigation the acquitted accused Ratansinh , Vikram Sampat Jadhav was involved with the aid of section 34 I. P. C. , the allegation against him being that he brought the present appellant on a cycle and that at his pointing out the weapon of the assault was recovered.