RAMRAJ BALBHANDRA PANDE Vs. RAMRAJ RAMSUNDAR YADAV

JUDGEMENT

(1.) THIS Appeal has been preferred by the Complainant pursuant to the right vested in him under Section 378(4) of Cr.P.C. By it he has impugned the Judgment and Order dated 20/10/86 passed by the Addl. Sessions Judge, Thane, in Sessions Case No.274/83 acquitting Respondents Nos.1 to 7 for offences punishable under Sections 147, 148, 324 r/w 149, in the alternative 324 r/w 34 of IPC and 452 r/w 149 IPC.

(2.) IN short, the Complainant's case is that on account of prior enmity, on 14/12/80 about 7.00 to 8.00 pm, Respondents Nos.1 to 7 came with sticks and iron bar inside the Varandha of his house situated in Yadhav Chawl, Carvalonagar, J.K. Gram, Dist-Thane. They, on account of prior enmity, started assaulting him with iron bars and stick. He escaped from the Vardhana and went inside the room where the said Respondents followed him. Respondent Munner demanded keys of the box from his wife Chitra Pande (PW 3) and when she refused to hand them over, the Respondent Udaybhansingh caught hold of her hands and Respondent Munner gave 2-3 blows with sticks to her. Respondents Ramraj at that time took out golden chain from the neck of the complainant's wife. Thereafter some of the Respondents ransacked the house of the Complainant and also assaulted his children. Thereafter they locked the door of the room of the Complaint from outside and went away. Some 10 to 15 minutes later people collected there and rescued the Complainant and others.The clothes of the Complainant had become stained with blood. In the meantime, police of Wagle Estate Police Station arrived there and took the Complainant to the Civil Hospital, Thane.

(3.) DURING trial, in all, the Complainant examined five witnesses, viz. himself (Ramanuj Pande PW 1), Dr. Vijay Sangole (PW 2), Chitra Pande (PW 3), Kisan Kamble (PW 4) and Ganganath Mishra (PW 5). In defence, no witnesses was examined.