S.S.SHINDE
The State of Maharashtra – Appellant
Versus
Tatyaba Bajirao Jadhav – Respondent
Key Points: - State appealed acquittal under Sections 452, 326, 324, 323, 504, 506 r/w 34 IPC by trial court in RCC No. 47/1996 (!) (!) - Accused entered complainant's house with sticks over society loan dispute, assaulted complainant and witness Suryabhan Randhe (!) (!) (!) - Trial court acquitted accused due to discrepancies in witness statements, medical evidence inconsistencies, and investigation lapses (!) [4000354130007][4000354130009] - High Court relied on consistent evidence of PW2 (complainant), PW5 (injured witness), PW7 (eyewitness), and medical evidence confirming 10 injuries on complainant and injury on PW5 (!) (!) (!) [4000354130021] - High Court convicted all four accused under Section 451 (house-trespass to commit offence punishable with imprisonment) and Section 506 (criminal intimidation) IPC [4000354130022] (!) - Accused No.2 Bhausaheb and No.3 Sominath additionally convicted under Section 323 IPC for voluntarily causing hurt [4000354130024] (!) - Acquittal maintained for Sections 326, 324 r/w 34 due to insufficient evidence of specific overt acts by accused No.1 and No.4 [4000354130023] - Sentences: Till rising of court; fines Rs.2000 each for A1 & A4, Rs.5000 each for A2 & A3 (!) (!) - Parties settled via compromise petition, but court imposed convictions with lenient sentence considering time elapsed since 1996 [4000354130025] (!) - Appeal partly allowed, revision disposed of; compliance listed on 10.03.2011 (!) (!) (!)
1. This appeal is filed by the appellant/State challenging the judgment and order dated 31st May, 1999 passed by the Judicial Magistrate First Class, Paithan, Dist. Aurangabad in Regular Criminal Case No. 47 of 1996, thereby acquitting the accused/respondents from commission of crime U/Sec. 452, 326, 324, 323, 504 and 506 r/w Sec. 34 of the Indian Penal Code.
2. The brief facts of the prosecution case are as under:
The complainant Gangadhar @ Bhaurao Thorat is resident of village Muddalwadi, Tq. Paithan. In the year 1991 he sold the land of his son to the son of accused No. 1 Tatyaba. At that time there was encumbrance on the said land and land was indebted to society and Land Development Bank. One Ankush Jadhav was chairman of the said Society. On 09.04.1996 in the morning said Chairman approached the complainant and informed that accused No. 1 was insisting to refund the amount to him (accused No. 1) which amount was deducted from the payment of sugarcane of accused No. 1. Chairman Ankush Jadhav then asked the complainant to settle the matter. It is then alleged that, at that time, all accused having sticks in their hands entered the house of complainant Bhaurao and ask
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.