LAXMIBAI ATMARAM PATIL Vs. DAMODAR PATIL

JUDGEMENT

(1.) BY means of this revision, the petitioner (Original complainant) has impugned the Judgment and Order dated 19-10-1991 passed by the JMFC, Dhanu in R.C.C. no.337/1983 acquitting respondent nos. 1 to 23 for offences under sections 147, 148, 149, 326, 504 and 506 of IPC. By the said order, the said Court also issued a notice under section 250 Cr.P.C. calling upon the complainant to show cause as to why she should not be made to pay compensation to the respondent nos. 1 to 23 for filing a false and frivolous complaint and the said notice has also been impugned through this revision.

(2.) BRIEFLY stated the prosecution case is that on 28-3-1983, sacred holy was to be set fire by complainant's brother Atmaram Kini. At about 9 p.m. respondent nos. 1 to 23 came near the place where the holi was to be set on fire and started abusing complainant's brother saying that setting of fire was being delayed. The complainant's brother replied that the priest had ordained that the fire should only be set after 9 p.m. On this, there was an exchange of hot words between them and respondent no.1 Vasant Patil assaulted the complainant's brother with an axe on his head as a consequence of which, he fell down. Some other persons namely Ganesh Patil, Madhukar Raut, Dinesh Raut and Naresh Goware, tried to intervene but, they were also assaulted by the respondent nos. 1 to 23 with sticks and stones. According to the prosecution, respondent nos. 1 to 23 also indulged in pelting of stones on the house of the informant, resulting in loss on an and damage to the tune of Rs.200/- being caused to the complainant.

(3.) AFTER the usual investigation, the respondent nos. 1 to 23 were charge-sheeted by Vangaon Police.