STATE OF MAHARASHTRA Vs. KALLESHA LAXMAN INDI

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 26-12-1983, passed by the Chief Judicial Magistrate, Solapur in Criminal Case No.33 of 1983, acquitting the respondent for an offence punishable under section 325 IPC has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under:- The informant Vithal Gaikwad, PW 1 was called to Salgarvasti Police Station on 16-6-1983 in connection with investigation of C.R.No.37 of 1983 under section 186, 353, 392 IPC of the said police station, wherein, he was an accused. It is said that FIR of C.R.No.37 of 1983 was lodged by the respondent. It is alleged that when the informant went to the Police Station, he was beaten by the respondent with a stick on account of the incident which had taken place a day earlier, (same incident in which respondent was accused). The FIR of the incident was lodged by the informant Vithal Gaikwad on 16-6-1983 at about 8.30 a.m. at Police Station, Salgarvasti. PSI Mane registered a case under section 323 IPC. It is also alleged by the complainant that on the evening of 15-6-1983 the respondent had assaulted him.

(3.) ON the basis of the injury report, on 7-7-1983, an offence under section 325 IPC was registered against the respondent. That very day, the respondent was arrested.