BHAUSAHEB MAHADEO KARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORIGINAL accused No. 1 Bhausaheb, being dissatisfied with the order passed by the learned Sessions Judge, Ahmednagar dated 15. 2. 1993 in Criminal Appeal No. 26 of 1989 confirming the order of conviction and sentence passed by the learned Chief Judicial Magistrate, Ahmednagar dated 7. 1. 1989 in R. T. C. No. 142 of 1986 convicting the accused Nos. 1 to 4 for the offences under Sections 323 and 324 read with 34 of the Indian Penal Code, directing the accused Nos. 2 and 3 to execute a bond of good behaviour for an amount of Rs. 1,000/- for the period of one year and sentencing the original accused Nos. 1 and 4 and directing them to pay fine of Rs. 100/ in default, simple imprisonment for one month, has filed the present revision.

(2.) THE facts in brief are that; PW 2 Shripat resides at village Pokhardi, Taluka and District Ahmednagar along with his family members, including his son Vithal (PW 1) and wife Rakhamabai (PW 4 ). Shripat is having agricultural land and he used to cultivate it personally. Accused No. 1 Bhausaheb/ appellant is the nephew of Shripat and cousin of Vithal, while the accused No. 2 Subhadrabai is the mother of accused No. 1, accused No. 3 Samindrabai is the sister of accused No. 2 and accused No. 4 Dattatraya is the son of accused No. 2. It is alleged that there is civil litigation between the parties i. e. the complainant and accused No. 1 in respect of land gut No. 109 situated at village Pokhardi.

(3.) IT is alleged that the incident took place on 19. 11. 1986. Shripat, after taking dinner at about 8 p. m. was proceeding towards his field on a bicycle. On his way, when he came infront of shop of one Bhanudas, accused came there holding stick and axe in their hands and assaulted Shripat. Accused Nos. 2 and 3 assaulted him with stones, accused No. 3 was holding stick in his hand and accused No. 1 was holding axe in his hand. On account of beating and assault by the accused, complainant raised shouts. PW 1 Vithal son of complainant and PW 4 Rakhamabai wife of complainant came to the spot. Accused assaulted PW 1 Vithal. Accused after beating complainant and his son, left the place.