BHAUSAHEB BABASAHEB KAPSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application has been preferred against the judgment and order of acquittal passed by the Judicial Magistrate, First Class, Court No.1, Ahmednagar dated 10.12.2004 in R.T.C. No. 83 of 2002.

(2.) Brief facts giving rise to this Criminal Revision Application are as follows :-

(3.) The learned counsel for the applicant submits that the learned Judge of the trial Court has discarded the evidence of PW-1 - Bhausaheb Kapase, who is an injured witness and further ignored the ocular evidence of PW-4 - Sunil Tukaram Kapase. The learned counsel submits that the medical evidence corroborates the allegations leveled against both the accused persons. The learned Judge of the trial Court has recorded the perverse finding and erroneously acquitted the accused. The learned counsel submits that the criminal revision application deserves to be allowed by setting aside the order of acquittal and both the respondents - accused persons may be convicted for the offence for which they were charged and tried.