STATE OF MAHARAHSTRA Vs. TUKARAM SIDDHAPPA KAMBLE

JUDGEMENT

(1.) The matter is called out for final hearing as the matter is specifically fixed in summer vacation.

(2.) This is a State appeal under section 378(1) of the Code of Criminal Procedure against the judgment and order of acquittal passed by the Judicial Magistrate First Class, Ichalkaranji in Sessions Case No. 262 /1999 dated 25 Nov., 2002 whereby the accused is acquitted of the crime punishable under section 324 of the Indian Penal Code.

(3.) As per the prosecution, on 17 April 1999 the complainant was sleeping in his newly constructed house in front Samaj Mandir. At that time, the door was open. At about 2 to 2.15 a.m. a heavy stone thrown at his house. He shouted loudly. His friend Sagar Kamble woke up - saw blood injury on the left ear of the complainant. A complaint was filed. Charges came to be framed against the accused. He pleaded not guilty, claimed to be tried, and the trial proceeded accordingly. The prosecution examined 5 witnesses in support of its case.