STATE OF MAHARASHTRA Vs. SHRIRAM GANGARAM GHODERAO

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant under section 378 (1) Cr. P. C. against the Judgment and order dated 30-9-1983, passed by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 28 of 1983, acquitting the respondents for offences punishable under sections 147, 148, 341, 326 r/w 149 I. P. C. (on three counts) in the alternative under section 326 r/w 34 I. P. C. , 302 r/w 149 (on two counts) and in the alternative under section 302 r/w 34 I. P. C.

(2.) BRIEFLY stated the prosecution case runs as under :-

(3.) AFTER Kisan and others had been belaboured and the respondents had run away, the injured persons were taken in a bullock cart; first to Phansu where Police Patil Dhondu Tatkari was contacted and thereafter, to Dapoli Cottage Hospital. At the said hospital, they were examined by Dr. Ashok Ponkshe, P. W. 2. On the person of Gangaram, Rahate, the doctor found one contused lacerated wound 2" x 1/4" x skin deep on the scalp. On the person of Anant Ragho Rahate the doctor found a contused lacerated wound 1. 6" x 1/2" x skin deep over left parietal region. On the person of Balkrishna Ragho Rahate, the doctor found one contused lacerated wound over the right temporal region of the dimensions of 3" x 1/2" x skin deep and four abrasions. (Injury No. 2 has been described as two abrasions ). On the person of Rajaram Sahadev Ghoderao the doctor found fracture of right clavicle shaft middle 1/3rd aspect. On the person of Yeshwant Bapu Kadam, the doctor found a contused lacerated wound of the dimensions of 2?" x 1/2" x skin deep, on left temporal region and one contusion on right elbow. He also stated that Yeshwant complained of pain in left wrist at the time of medical examination. In the opinion of the doctor, the injuries of the said persons, were attributable to a hard blunt object.