STATE OF MAHARASHTRA Vs. HINDURAO DAULU CHARAPALE

JUDGEMENT

(1.) AGGRIEVED by the sentence of 3 years R. I. and a fine of Rs. 1,000/-, in default 3 months R. I. , awarded to the respondent under section 326 I. P. C. vide the judgment and order dated 21-4-1984 passed by the Assistant Sessions Judge, Kolhapur, in Sessions Case No. 66 of 1983, the appellant has preferred the present appeal for enhancement of the sentence of the respondent under section 377 (1) Cr. P. C.

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

(3.) THE evidence shows that after the incident the father of Ambutai and some others carried Rajaram by a S. T. Bus to Kolhapur. While in bus, at about 8 a. m. , Rajaram Patil regained consciousness near Bogawati Sugar Factory. Two persons who were near him questioned him as to what had happened and he narrated to them the incident. A little later he again became unconscious. He regained his consciousness at about 10 a. m. in Government Hospital, Kolhapur.