BAPURAO SHANKAR ROKADE Vs. TUKARAM DEVAPPA GADE

JUDGEMENT

(1.) HEARD Mr. Nitin Pradhan for petitioner (original complainant), Mr. A. Y. Sakhare for respondents 1 to 4 (original accused) and Mr. Dinesh Adsule, A. P. P. for respondent No. 5, the State of Maharashtra, rule. By consent rule made returnable forthwith.

(2.) THE prayer in this Criminal Revision application which has been preferred by the original complainant Bapurao Shankar Rokade is that the judgment and order dated 8-10-1998 passed by the 2nd Additional Sessions Judge, Sangli, in Criminal Appeal No. 104/94, reducing the sentence of respondent Nos. 1 to 4 for offences punishable under sections 324 r. w. 34 I. P. C. and 325 r. w. 34 I. P. C. till rising of the Court and imposing some fine in lieu thereof be set aside and the judgment and order dt. 29-7-1994 passed by the J. M. F. C. , Tasgaon, in Regular Criminal Case No. 211/92 sentencing the said respondents to 6 months each and to pay a fine of Rs. 250/- in default to suffer simple imprisonment for 15 days each for the offence punishable under sections 324 r. w. 34 I. P. C. and 1 years R. I. each and to pay a fine of Rs. 1000/- in default to suffer S. I. for 2 months each for the offence punishable under sections 325 r. w. 34 I. P. C. be restored.

(3.) THE concurrent finding of the courts below is that on 17-11-1992 at about 8. 25 p. m. when the original complainant Bapurao Shankar Rokade on his way back from Tasgaon was proceeding for his house and had reached near Laxmi Temple situated in Laxmi Chowk, Rajapur, respondent Nos. 1 and 2 viz. Tukaram Devappa Gade and Vishnu Bhimrao Gade assaulted him on his head by means of a stone and respondents 3 and 4 viz. Chandrakant Tukaram Gade and Bhimrao Maruti Gade assaulted him by fists and kicks and as a consequence of the said assault the original complainant received severe injuries on his head, forehead, back and other parts of his body.