ASHISH ALIAS ASHOTOSH DHARAMRAJ MEHESHKAR Vs. STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER CIVIL LINES POLICE STATION, AKOLA, TQ & DIST AKOLA
HIGH COURT OF BOMBAY
Ashish Alias Ashotosh Dharamraj Meheshkar
State Of Maharashtra Through Police Station Officer Civil Lines Police Station, Akola, Tq And Dist Akola
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Swapna Joshi, J. -
(1.) This Appeal has been directed against the judgment and order dated 26.6.2003 passed by the learned II Additional Sessions Judge, Akola in Sessions Trial No. 155/2000 thereby convicting the appellant under Section 324 of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 1000/ in default, further R.I. for one month.
(2.) I have heard Mr. S.B.Bissa, the learned Additional Public Prosecutor and with his assistance, I have perused the entire record. The counsel for the appellant remained absent.
(3.) Brief facts of the case are that: the complainant Vijay Pawar (PW8) and Ashish(appellant) were known to each other. The appellant was the classmate of elder brother of the complainant. The appellant used to intercept the complainant whenever he used to attend the tuition classes. It is alleged that the appellant used to demand money from him for the purpose of consuming liquor. There was some dispute between the appellant and the complainant on the occasion of Sankrant festival of the year 1999 on the trifle issue of flying kites. At that time, the appellant threatened to kill the complainant. On 31st December, 1999 while the appellant and his friends were celebrating the arrival of New Year at Lala Lajpatrai Colony premises, the appellant along with the original accused no.2Jitendra arrived there. The appellantAshish gave a kick blow to the complainant and also threatened him that he shall see him later on. On the date of the incident i.e. on 23.1.2000 when the complainant along with his friend Atul Chavan (PW7), Nagesh Kakad, Nitin, and Bunty Rangari were sitting on the ground of Toshniwal Layout at about 7.30 pm, the appellant along with accused no.2 Jitendra came on Luna moped. The appellant started abusing the complainant and assaulted him with fist and kick blows. Thereafter Jitendra caught hold of the victim and the appellant dealt a blow by a sharp edged weapon on the lateral portion of the chest of the complainant due to which he sustained bleeding injury. Thereafter the appellant and Jitendra fled away from the place of the incident. The complainant then proceeded to the Civil Lines Police Station, Akola and lodged the complaint(Exh.36) against the accused.;
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