T. V. Nalawade, J. - (1.)In view of the application filed by injured and the contents thereof, Revision Application is admitted. Both sides are heard for final disposal. Present petitioners were accused in R.C.C. No. 208/99 which was pending in the Court of JMFC, Ambajogai, Dist. Beed. They were charged for offences punishable u/s. 326, 506, 34 etc. of IPC. Learned JMFC convicted and sentenced them for offence punishable u/s. 326 r.w. 34 of IPC. Each petitioner was sentenced to suffer R.I. for 3 years and to pay fine of Rs. 1000/-. Fine amount was deposited. Petitioners then filed Criminal Appeal No. 38/2002 in Sessions Court. Sessions Court dismissed the appeal and so, present proceeding is filed.
(2.)Both trial Court and First appellate Court have considered the evidence given by injured and other eye witnesses. Medical record is also seen. The incident took place out of petty quarrel between neighbours. The injured intervened to separate the quarrel and then injury was inflicted on him by the petitioners. His left eye came out due to the injury inflicted and he has become blind in one eye. There is evidence to prove this offence committed by all the accused and so, the trial Court convicted and sentenced the petitioners.
(3.)The application for compounding, does not bear signature of the injured, so today, learned counsel for petitioners filed affidavit in support of the contentions made which is signed by Kishan Rama Salunke and also by Shaikh Ismile. The signature is identified by one counsel when the affidavit was sworn in Court. It shows that Sk. Ismile is ready for the compromise. On the last occasion and today, he remained present, his wife has also come to the Court. This Court had given direction to ascertain as to whether some compensation is really given to Sk. Ismile. It appears that compensation of Rs. 50,000/- is received by Sk. Ismile.