STATE OF MAHARASHTRA Vs. DATTA MARUTI SALAGAR

JUDGEMENT

(1.) BY means of this appeal the appellant has impugned the judgment and order dated 17th may, 1985 passed by the Judicial Magistrate, First Class, kurundwad, in Criminal case No. 23 of 1983, acquitting the respondents for an offence punishable under section 325 indian Penal Code read with 34 Indian Penal Code.

(2.) IN short the prosecution case runs as under : Respondent No. 3, Maruti Bhiva Salagar is the father of respondent Nos. 1 and 2, Datta Maruti Salagar and Subhash maruti Salagar. About 7 to 8 years prior to the incident, the respondents had mortgaged their land to the informant ganapati Dhondiba Kale for Rs. 6000/- and ever since then the land was in possession of the informant. At the time of the incident there was Kulathi and Jawar crop on it. 4 days before the incident the respondents had cut the said crop. When the informant reprimanded them they rushed towards him. On 6-6-1983 at about 6 a. m. when the informant was answering the call of nature in the land of one Kumbhar behind the school at the outskirts of village Abdul Lat in district Kolhapur, he received an axe blow on his head and fell down as a result thereof. He noticed respondent No. 1, armed with an axe, respondent No. 2 with a cycle chain and respondent No. 3 with a stick standing there. Respondents nos. 2 and 3 started assaulting him with their weapons. He raised cries hearing which Babu Patil alias Babgonda shivgonda Patil P. W. 2, and Vasant Satappa Thagare P. W. 3 came. As a consequence of the assault the informant became unconscious. After assaulting him the respondents ran away. The evidence of Babgonda Shivgonda Patil P. W. 2, is that after the respondents had run away he informed the informant s brother Janardhan about the informant being assaulted. Janardhan called an ambassador car and on the same the informant was taken to Ichalkaranji. Babgonda shivgonda Patil P. W. 2 accompanied him.

(3.) THE injuries of the informant Ganapati Kale were medically examined at about 7. 15 a. m. on the same day, i. e. 6-6-1983, at K. E. M. Hospital, Ichalkaranji by Dr. Madhukar shankar Jadhav P. W. 4, who found on his person the following injuries :