STATE OF MAHARASHTRA Vs. UTTAM LAXMAN KATEKAR

JUDGEMENT

(1.) . This is an appeal filed by the State impugning an order and judgment dated 12th August 2002 passed by Judicial Magistrate F.C., Court No.4, Karad acquitting four accused, i.e., respondent nos.1 to 4 of charges under Section 325 (Punishment for voluntarily causing grievous hurt ), 323 (Punishment for voluntarily causing hurt ), 504 (Intentional insult with intent to provoke breach of the peace ), 506 (Punishment for criminal intimidation) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code.

(2.) The facts in brief are that the complainant Kisan Bhau Katekar (PW-1), who was residing at Shelkewadi village, Taluka - Karad, owned a Gauri Gaekwad house and some landed property in the village. PW-1 was residing there with wife Anusaya (PW-3), sons Ashok and Santosh, daughter Sangita and daughter-in-law Vandana.

(3.) On 4th April 1999 at about 6.15 a.m. when complainant went to the public borewell, which was about 40 feet from his house, to fetch water, at that time the accused were present at the borewell armed with sticks. All the four accused came towards complainant, questioned him by saying why he was not giving them their share of an ancestral property and also threatened him that they will kill him if he did not give. It seems the accused also abused complainant and started hitting him with sticks. Accused no.1 dealt a blow on the right hand of complainant with a stick due to which there was a fracture near the right hand thumb. Accused no.1 also hit complainant on the head with stick. Accused no.2 hit complainant with stick on his back and head resulting in bleeding from his head. Accused no.1 and accused no.2 also hit complainant on his legs and hands. Accused nos.3 and 4 also hit complainant with sticks. At that time, Maruti Shelake (PW-5), Shankar Ingale (PW-2) and the wife of complainant Anusaya Katekar (PW-3) were present at the spot. They jumped to his rescue and rescued complainant. After that complainant was referred to hospital at Undale where complainant was treated and later he lodged a complaint at Undale Police Station. This is what I find in the examination in chief of PW-1. The complaint was registered by the police for the offences mentioned above. Subsequently, investigation was set into motion and Police Head Constable Gauri Gaekwad Phadatare (PW-7) visited the spot of the incident on 5 th April 1999 and prepared spot panchnama. On the same day, he seized the sticks used by accused from accused no.3 and accordingly seizure panchnama (Exhibit 36) was prepared. The Police Head Constable (PW-7) also recorded the statements of Maruti Shelake (PW-5), Shankar Ingale (PW-2) and Anusaya Katekar (PW-3), who were eye witnesses. Statements of one Dattu Katekar, Sangita Katekar and Ashok Katekar were also recorded but they were, however, not called to depose. Sangita Katekar appears to be the daughter of complainant, Ashok Katekar appears to be the son and Dattu Katekar, as stated in the cross examination, is the brother of PW-1 complainant. The Doctor who examined complainant issued the certificate at Exhibit 44. The accused were arrested and after completion of investigation, a chargesheet was filed. Charges were framed and the accused pleaded not guilty and claimed to be tried. Their defence is of total denial. The accused also submitted that there was a dispute regarding land with complainant and hence, false complaint has been filed against them.