JUDGMENT - 1. This is an appeal filed by four of the original seven accused persons against their conviction by the Judicial Magistrate, First Class, Khamgaon, which was confirmed by the Additional Sessions Judge, Khamgaon, on appeal.

2. The short facts of the case are that on the 16th of January 1967 the complainant Mahadeo found that one of his bullocks was missing from the Kotha and he ultimately traced the bullock to the cattle pound from where it was got released. The prosecution story is that he was then proceeding by bus to Shegaon to report the matter to the police when he was waylaid by the four applicants before me, along with original accused Nos. 1, 2 and 3, who fell upon him and started beating him with sticks, with the result that he received a number of injuries and fell down unconscious on the road. According to the prosecution, when he regained consciousness, Mahadeo found Semadhan, Vishanu, Shriram and Deorao near him, and he was carried to the police station where he lodged his report and then sent for medical treatment. In view of the report made by Mahadeo, the accused persons were arrested and were put up for trial before the Judicial Magistrate First Class, K

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