STATE OF MAHARASHTRA Vs. MOHAN GOKULRAO RUNJWAN AND ORS
LAWS(BOM)-2017-7-14
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 04,2017

STATE OF MAHARASHTRA Appellant
VERSUS
Mohan Gokulrao Runjwan And Ors Respondents

JUDGEMENT

S.S.SHINDE, J. - (1.) Criminal Appeal No.130 of 2000 is filed by the appellant-State, challenging the judgment and order of acquittal passed by the IVth Additional Sessions Judge, Beed on 13th August, 1999 in Sessions Case No.83/1997, and Criminal Revision Application No.429 of 1999 is filed by the original informant.
(2.) The prosecution case in nutshell is as under: Victim Narayan and deceased Subhash are paternal cousins, resident of village Changatpuri, Taluka Partur, District Jalna. On the morning of 06.06.1997, both of them along with other relatives went to village Gadhe-Pimpalgaon for settlement of an alliance. They started traveling for Changatpuri in the evening by jeep, and at Majalgaon victim Narayan and deceased Subhash stayed back on the pretext of some work, while others proceeded back to Changatpuri.
(3.) On the next day morning i.e., on 07.06.1997, victim Narayan returned alone to Changatpuri in an injured condition, and directly went to his house. On getting information about the condition of Narayan, his relations viz. paternal uncle Balasaheb, Ganesh and others went to his house, enquired about the cause of his condition, upon which he told them that while he himself and Subhash had gone to take meals at Amar Permit Room at Majalgaon, altercation took place between them and the owner of the permit room over excessive charging of the bill. The said altercation culminated into incident of assault on them by the owner and waiters of the permit room. The accused assaulted them by stick and iron bars. On account of this incident, both of them sustained injuries. The witness Narayan further informed them about admitting Subhash in the Government Hospital, Majalgaon. On getting this information, informant Rajendra son of deceased Subhash along with his paternal uncle Ganesh went to the Majalgaon to enquire about Subhash. They, after reaching Majalgaon, directly went to Amar Permit Room and Ganesh Taur, paternal uncle of informant Rajendra enquired with accused no.1 Mohan, who was sitting at the counter, regarding the whereabouts of the person i.e., Subhash, who was injured in the incident of the previous night, and he told them that the said injured was not admitted by the Doctor of Primary Health Center, Majalgaon, and therefore, he was taken to the Civil Hospital, Beed and he has been admitted in the Civil Hospital, Beed.;


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