- (1.) Aggrieved by the order of acquittal recorded in favour of the respondent by the learned JMFC. from the offence punishable under Sections 323 and 504 r/w. 34 of IPC, the present appeal is preferred by the State. During the pendency of the appeal, the original respondent No. 1/accused No. 1 has died and, therefore, the appeal is abated as against the said respondent.
(2.) The prosecution case, in short, is as under:- The complainant P.W. - 1 Santosh Adhav, during the relevant time, was working as Primary Teacher. On 27.9.2000, at about 9.00 a.m. while complainant Santosh and Head Master of the School P.W. - 2 Dadaji Bacchav were in the play ground of the school, for conducting the prayer of the students, at that time, all the accused persons, i.e. present respondents came there. All of them accosted the complainant by questioning him, as to whether the school belongs to his father. Upon that, the complainant put a query, as to why on the previous day, they had opened the cupboard of the school. During verbal exchange of words they abused him, held his collar of his shirt and gave fist and blows. P.W. - 2 Dadaji Bacchav intervened. In the meantime, P.W. - 3 Rajendra and P.W. - 6 Pralhad as well as other villagers came there. They also intervened. The complainant suffered injury to his lower jaw and, therefore, the complaint came to be filed. P.W. - 8 ASI, Shamrao Padme conducted the routine investigation including recording of statement, drawing spot panchanama, collecting injury certificate from P.W. - 7 Medical officer Subhash Khillare and filed the charge sheet. Before the learned JMFC, in all 8 witnesses were examined, including, injured P.W. - 1 Santosh, P.W. - 2 Dadaji, the eye witnesses P.W. - 3 Rajendra and P.W. - 6 Pralhad. The learned JMFC, however, upon appreciation of evidence acquitted all the accused.
(3.) Learned APP took me through the evidence on record and submitted that the statement of complainant is not only corroborated by the eye witnesses, but even the injury certificate issued by Dr. Subhash Khillare supports the prosecution case. However, according to him, the learned JMFc has taken into consideration the minor contradictions and wrongly acquitted the accused.;