VIKRAM WAMAN BACHAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are Criminal Revisions arising out of the judgment and order passed by the learned Additional Sessions Judge, Aurangabad in Criminal Appeal No.90/2002, the first preferred by the accused no.1 being aggrieved and dissatisfied by the dismissal of part of his appeal thereby confirming his conviction for the offence punishable under section 307 of the IPC and the other being preferred by the original informant complainant aggrieved by the decision in the appeal to the extent it sets aside acquittal of the rest of the accused, as also acquittal of the accused no.1 of the rest of the charges.

(2.) Both these revisions have been heard simultaneously and are being disposed of by this common judgment and order. For the sake of convenience the parties are hereinafter referred to by their status in the trial.

(3.) Respondent Prafulla lodged a complaint at Chawani Police Station, Aurangabad on 31.05.1999 alleging that on that day at about 8.00 p.m. a quarrel had ensued between his brother Sachin and one Nitin Bachke. After hearing commotion he along with his parents rushed to the spot. The parents of Nitin Bachke and his minor brother had already gathered there. It was alleged that accused Vikram was carrying a sword whereas accused Anil was carrying an iron rod. Vikram gave a blow of sword on the head of his father, as a result he fell to the ground and sustained a bleeding injury on his head and became unconscious. Anil also gave a blow of iron rod on the head of his father. When he tried to intervene accused Vikram gave another blow of sword on his head and even Anil assaulted his cousin Anil with iron rod on the head. It was further alleged that even his mother was given kicks and fist blows. On the basis of such complaint Crime No. I-126 of 1999 was registered. Investigation was carried out. The charge-sheet was submitted against all the three accused whereas a separate charge-sheet was sent up to the Juvenile Court in respect of juvenile in conflict with law i.e. Nitin and Anil. After conducting the trial the learned Assistant Sessions Judge convicted all the three accused for the offences punishable under Sections 143 , 147 , 148 , 307 read with Section 149 of IPC, Section 323 read with Section 149 of IPC and Section 506 read with Section 149 of IPC read with Section 149 and imposed separate sentences.