DHONDU RAGHOBA GOVEKAR Vs. STATEOF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the accused No. 1, who was convicted for the offence punishable under Section 324 of i. P. C. by the Ad hoc Assistant Sessions Judge. The Ad hoc Assistant Sessions Judge sentenced the accused No. 1/ present applicant to undergo simple imprisonment for a period of 45 days and fine of Rs. 200/ -.

(2.) THE facts can be narrated as follows : there is a nallah, which intervenes the houses of the complainant and the accused persons. It is alleged that the complainant has an access through the property of the accused. On the day of the incident, it is alleged that Kalawati, who had come to reside with her parents on account of marriage ceremony, saw the accused persons blocking their passage. She, therefore, enquired with them as to why their passage was being blocked by the accused. It is alleged that the accused No. 1, therefore, abused her in bad language. He took out a sickle from the scooter, pushed Kalawati down. One Ramnath Vernekar also came there and was assaulted by the accused No. 1 with the sickle. When Ramnath tried to avoid the blow of sickle,he suffered injury on his wrist. When Raju Vernekar went to the spot, the accused No. 1 also assaulted him with the sickle. The accused No. 2 also assaulted Raju Vernekar with the wooden stick. Raju fell unconscious. Then accused No. 3, it is alleged, also assaulted to them with pick-axe. A report of this incident was lodged with the police, upon which the police had registered the offences punishable under Sections 324, 307, 504 r/w. Section 34 of I. P. C.

(3.) THE police carried out investigation and submitted the chargesheet to the Judicial Magistrate, First Class. The Judicial Magistrate, First Class committed the case to the Court of Sessions.