SOPAN GANBA KODAWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by appellant/accused, who were convicted under Section 324 of the Indian Penal Code and were sentenced to imprisonment for period of one year and fine of Rs.500/-. The appellants shall hereinafter be referred to as accused.

(2.) The facts giving rise to this appeal are as follows An election of Gram-panchayat was held in village Khandala (Mariam Bee). The accused and the complainant belong to rival groups. The candidates belonging to the party of accused were declared successful in the election. The successful candidates had taken out a victory procession which was allegedly passing from infront of the house of complainant Kishor Jagnade. While the procession was so passing, it is alleged that accused no.3 Gulab abused Kishor. Kishor questioned him as to why he was being abused him. It is alleged that thereupon accused no.1 caught hold of Kishor and accused no.3 delivered a blow with sword-stick on the chest and stomach of Kishor. When Vilas Ivnate came to the rescue of Kishor, he too was assaulted by Ramu . accused no.2 -and the other accused. The complainant and Vilas were removed to the hospital. They later lodged report with the police. The Police had registered an offence under Section 307 read with Section 34 of the Indian Penal Code. The accused were arrested. Accused Gulab discovered the weapon of the offence; while Ramu discovered a stick. Accordingly, a panchanama was drawn. After the statements of witnesses were recorded, the charge-sheet under Section 307 of the Indian Penal Code was filed against the accused. The Judicial Magistrate (F.C.) committed the case to the court of Sessions.

(3.) The court of Sessions framed charge against the accused under section 307 read with section 34 of the Indian Penal Code but found the accused guilty of offence under section 324 of Indian Penal Code and sentenced them to one year rigorous imprisonment. Being aggrieved by that order of conviction and sentence, this appeal has been preferred.