MOHAN GOPAL KACHI Vs. STATE

JUDGEMENT

(1.) ACCUSED Mohan and Gajanan residents of Kasrawad were prosecuted before the Sub-Divisional Magistrate, Mandleshwar for offences under Sections 325/109, 342 and under Sections 325, 342, I. P. C. , respectively who found them guilty for these offences and sentenced both the accused to six months' rigorous imprisonment and a fine of Rs. 200/- each under Section 342, I. P. C. and sentenced accused No. 1 under Section 325/109, I. P. C. to twelve month's rigorous imprisonment and a fine of Rs. 200/- and accused No. 2 under Section 325/109 to eighteen months' rigorous imprisonment and a fine of Rs. 200/ -. The trial court ordered the sentences to run consecutively.

(2.) IN the appeal conviction and sentences of both were maintained with a variation that substantive sentences of rigorous imprisonment instead of being made to run consecutively he directed them to run concurrently.

(3.) PROSECUTION case is that on 22-8-1951 at about 3-4 P. M. complainant shobaram was proceeding to his field when both the accused assaulted him and dragged him to Parsuram's Osari and tied him with a rope and beat him. This resulted in causing seven injuries to the complainant, one of which was fracture of the right radius. He was medically examined by Dr. Joshi according to whose opinion the injuries could be caused with hard and blunt substance except injury No, 3 which was an abrasion.