STATE OF MAHARASHTRA Vs. JAYANT SHIRAM RANE

JUDGEMENT

(1.) The State has preferred this Appeal against the Judgment and order of acquittal dated 23.01.1995 passed by II Additional Sessions Judge, Sindhudurg at Sawantwadi in Sessions Case No. 61 of 1994. The learned II Additional Sessions Judge, Sawantwadi has found the Respondent-accused Nos.1 to 3 not guilty for the offence punishable under Sections 341, 326, 307 read with 34 of the Indian Penal Code and accordingly acquitted them.

(2.) The brief facts of the prosecution case are as follows: The complainant and the accused are the resident of Tirthwadi. There is dispute about the landed property between the Complainant and the accused as well as complainant and 7-8 other persons from the village. Thus, the relations between them were strained. On 12.01.1994, when Complainant Chandrakant Rane was returning in the bullock cart, he was obstructed by the accused along with others and the accused had assaulted him. Thus, Complainant Chandrakant Rane had lodged complaint of that incident in Kankavali Police Station and in connection with the said complaint, the accused came to be arrested. Thus, the arrest of the accused further not only strained the relations but that has added fuel in their strained relations. On 24.02.1994 at about 7.30 a.m. when the Complainant left the house as usual on bicycle for village Talera for supplying the milk and when he came near the nursery of village Ozram, on tar road all the accused suddenly came there, obstructed his way, abused him in filthy language. Furthermore by giving reference to the earlier complaint, pulled down from the bicycle. Thereafter accused No.1 holding the sickle assaulted him, inflicted the blow on his head. Even thereafter accused No.1 had given the blows on the head of the complainant with the help of the sickle. Accused Nos.2 and 3 pressed the complainant with the sticks, so that the complainant should not rescue himself. The complainant had raised hue and cry. Even the Complainant had tried to run away from the spot, but accused Nos.2 and 3 assaulted him by inflicting the blows of sticks on his knee. Thereafter all the accused left the scene of offence. The Complainant could not move because of the injuries. After hearing his hue and cry, his wife, daughter Santoshi and son Rajendra rushed to the spot. The Complainant disclosed the entire incident to them and the Complainant was taken to the Rural Hospital, Kankavali.

(3.) On the basis of the complaint lodged by PW Chandrakant Rane, Crime came to be registered in the concerned Police Station for the offence punishable under Sections 307, 341, 326 read with 34 of the IPC. The Investigating Officer has arrested the accused, conducted the spot panchnama, recorded the statements of the witnesses etc. After completion of investigation, the Investigating Officer has submitted charge-sheet against the accused.