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2014 Supreme(Bom) 602

P.N.DESHMUKH
State of Maharashtra – Appellant
Versus
Rambhau s/o. Laxman Garge – Respondent


Advocates:
Advocate Appeared
Mr. G.R. INGOLE, APP for Appellant-State.
Mr. P.D. SURYAWANSHI, i/b. Mr. D.N. SURYAWANSHI, Advs. for Respondent nos. 1 to 5.

JUDGMENT

This Appeal is preferred by the State of Maharashtra against the judgment and order passed by learned Judicial Magistrate F.C., Majalgaon in Regular Criminal Case No.262 of 1999 acquitting the respondents of the offence punishable under Sections 147, 148, 149, 324, 323, 504 of Indian Penal Code.

2. It is the case of prosecution that Dnyanoba, complainant is son of PW 3 - Tukaram and PW 4 - Rukhminbai. They were having agricultural land at village Kitti Aadgaon. About 15 days prior to the alleged incident, respondent - Rambhau had lodged a complaint against Tukaram on account of some dispute of Bandh in the field.

On 21st September, 1999 at about 4:00 pm., when the complainant - Dnyanoba along with his family members were present in their field and were providing fertilizer to the cotton crop, the respondents, all of sudden, arrived along with one Laxman Garge (not accused in this crime), having armed with sticks and axes, abused and beat Dnyanoba and his parents. It is the case of the prosecution that respondent/accused Pralhad assaulted PW 3 Tukaram, who is father of Dnyanoba, complainant, by axe on his head and other respondents beat PW 2 Dnyanoba and PW 4 - Rukhminbai by s

















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