KAKASAHEB RANJITRAO GHUMRE Vs. GULABRAO NILKANT GHUMRE

JUDGEMENT

(1.) Both the proceedings are filed to challenge judgment and order of acquittal delivered in R.C.C. No. 98/1994 by the Judicial Magistrate (First Class), Patoda District Beed. The accused are acquitted of the offences punishable u/s. 147, 148, 149, 324 and 504 of the Indian Penal Code. Both the sides are heard. Original papers are perused. In short, the facts leading to the proceedings can be stated as follows.

(2.) On 19/02/1994 at about 4.00 p.m. the first incident took place which was quarrel between Vikram and Gulabrao Ghumre, accused No. 1. The quarrel had taken place over keeping account in respect of weekly contribution collected for religious purpose in the village. Due to quarrel both had approached police but they had settled the dispute and so no further action was taken by the Police.

(3.) On 20/02/1994 at about 8.00 a.m. Vikram was sitting in the shop of one Dadasaheb Ghumre. Complainant Kakasaheb and his brother Hanumant were present near temple which is in the vicinity of the shop. The complainant and Hanumant saw that all the accused went to shop. They picked up quarrel with Vikram. They dragged him out of shop and then they assaulted Vikram. When complainant and Hanumant went ahead to separate the quarrel, accused Gulabrao gave blows of knife on head and legs of Vikram. Kakasaheb, Nilkant, Shridhar held Vikram when Gulab was giving blows of knife. These persons assaulted the complainant and his brother Hanumant by using sticks. Some persons like Sarjerao Ghumre, Shamrao Ghumre, Ashok intervened to separate the quarrel. While leaving the spot, Gulab gave threat that one day he will finish the rival by using knife. When the complainant and his two brothers went to S.T. stand for going to Police Station, the accused again went there and they assaulted these three brothers at S.T. stand also.