DILIP NAVASAJI UGHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has preferred this application by invoking Revisional Jurisdiction of this court Under section 401 of Code of Criminal Procedure 1973 (hereinafter referred to as "Cr.PC.), against the judgment and order dated 28th March, 2002, passed by the Sessions Judge, Pune in Criminal Appeal No. 47 of 2000, and the judgment and order dated 18th March, 2000, passed by Judicial Magistrate First Class, Junnar, District-Pune in Regular Criminal Case No. 225 of 1995.

(2.) The case of the prosecution is that, the complainant resides at Village Sakori along with his family and Bhima Ughade was his neighbour. Relations between complainant and Bhima were cordial. They used to consult each other in family matters and agriculture affairs. There was dispute between Bhima Ughade and Accused No. 1 (applicant) on count of Hadaki Hadavali land Gat No. 616. Civil litigation was pending in the court. Accused disliked relations between complainant and Bhima Ughade. The Accused told the complainant not to keep relations with Bhima. On the said count, accused also gave threats to complainant. Since the accused was in Bhavki, the complainant did not report the matter to Police. On 10 th December, 1995 at about 09:00 p.m., the complainant was about to go for his duty and when he came in front of his house, both the accused told him not to keep relations with Bhima Ughade and not to assist him. The Accused gave fist blows on mouth and thereby upper front of tooth complainant was broken. Accused no.2 Sadashiv Ughade assaulted complainant with fist blows and kicks. The complainant's wife and sister tried to intervene. Accused gave threats to them. Then accused left the spot. As it was too late and night time and there was no facility of transport report was filed by complainant on the next day. Police issued Yadi for examination and treatment. Crime No. 148 of 1995 was registered. On completing investigation charge sheet was filed.

(3.) Charge was framed against the accused vide Exhibit-19 for the offences punishable under Sections 325, 323, 504 and 506 read with 34 of Indian Penal Code (hereinafter referred to as "IPC", for short).