V.M.DESHPANDE, J. - (1.) Heard Smt. Preeti Rane, learned counsel with Smt.J.A.Malnas,learned counsel for the appellant and Shri R.S.Nayak, learned A.P.P. for State in extenso. With the assistance of both the learned counsels I have gone through the record and proceedings.
(2.) The present appeal is directed against the judgment and order of conviction passed by learned 1 st Ad-hoc Additional Sessions Judge,Chandrapur, on 1/12/2001 in S.T.No.7/2001 by which the Court below has convicted the appellant for the offence punishable under Section 353 of the Indian Penal Code and is directed to suffer R.I. for one year an to pay fine of Rs. 100/- and in default of payment of fine he is directed to suffer further R.I. for one month. He is also convicted for the offence punishable under Sectin 332 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs. 100/- and in default of payment of fine to suffer further R.I. for one month.
(3.) A charge was framed by the Court below against the appellant that on 13/10/2000 at about 18.00 hrs. at Mouza Kelzar, he assaulted H.C.Shriram ,B.No.1305(PW1) when he was discharging his duties as a public servant and also caused grievous hurt to him. The Court below therefore framed charge against him for the offence punishable under Sections 353 and 333 of the Indian Penal Code. The appellant denied the charge and claimed for his trial. In order to prove the charge the prosecution has examined in all 8 witnesses.;