SHESHRAO NAMDEO ATKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Theappellantsareaggrievedbythejudgmentand orderdated15.04.2002passedbythe1st Ad-hocAdditional Sessions Judge, Nagpur in Sessions Trial 563/1998, by and under which,theappellantsareconvictedofoffenepunishableunder section326 oftheIndianPenalCode(' IPC 'forshort)andare sentenced to suffer rigorous imprisonment for four years and to paymentoffineofRs.500/-.Theappellantsareacquittedof offences punishable under section 307 and 427 of IPC.

(2.) Heard Shri P.R. Agrawal, the learned Counsel for the appellant and Shri Ashish Kadukar, the learned Additional Public Prosecutor for the respondent-State.

(3.) The learned counsel for the accused strenuously urged thatthejudgmentandorderimpugnedmilitatesagainstthe weight of evidence on record. The prosecution case is rendered doubtful in view of the infirmities in the evidence and the failure oftheprosecutiontoexplaintheinjurieswhichtheaccused concededly suffered, is the submission. In the alternate, it is urged that the offence made out would be under section 324 of IPC and not under section 326 of IPC since the injured witnesses did not suffer grievous hurt within the mean of section 320 of the IPC.