Sarang V. Kotwal, J.

The Respondent No.1 in this Criminal Revision Application was the original accused in Regular Criminal Case No. 53/01 on the file of Judicial Magistrate First Class, Court No.1, Pune. At the conclusion of the trial, the learned trial Judge vide his Judgment and Order dated 07/03/2002 convicted the Respondent No.1 for commission of offence punishable u/s 324 of the Indian Penal Code. The Respondent No.1 was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- and in default to suffer simple imprisonment for three months.

2. The Respondent No.1 preferred Criminal Appeal No.80/02 before the Court of Sessions, Pune. The learned Additional Sessions Judge vide his Judgment and Order dated 03/02/2003 allowed the Appeal, setting aside the conviction and sentence passed against the Respondent No.1. The Respondent No.1 was acquitted of the charges framed against him. The sentence awarded to him was set aside.

3. The present Criminal Revision Application was preferred by first informant and the victim in the incident Bablu Landge as well as by Bablu's mother, Smt. Mainabai Landge, who had witnessed the incident. After the Revision Application was admitted, both the Revision Applicants had expired and therefore vide order dated 30/04/2015 passed in Criminal Application No. 368/13 in Revision Application, this Court allowed the name of the present Applicant i.e. Smt. Papita Kalyani Mane to be brought on record in place of original Applicants Bablu Landge and Smt. Mainabai Landge.

4. The prosecution case in brief is as follows -:

The first informant Bablu's niece i.e. Mainabai's granddaughter was married to Respondent No.1's brother Rohidas. On every night Rohidas used to drop his wife Poonam at the place of Bablu and Mainabai, due to which there used to be frequent quarrels between the two families. Mainabai wanted Rohidas to maintain Poonam properly. She was against him dropping Poonam to their house every night. It is the prosecution case that on 29/03/2001 in the late evening there was a quarrel between Rohidas and Mainabai. Mainabai then went to Padamji Police Chowky to make complaint against Rohidas. According to the prosecution case, the Respondent No.1 came near the house of Bablu and Mainabai and he is alleged to have given blow of sickle on the head of Bablu. Bablu and Mainabai then went to Padamji Police Chowky, from where they were directed to Sassoon Hospital at Pune. Bablu went to Sassoon Hospital and took treatment. He had seven stitches on his head. According to Bablu, the police did not take his complaint on that night. On 03/04/2001, Bablu was issued medical certificate in respect of his injury. After getting the medical certificate Bablu approached Samarth police station. On this occasion his FIR was registered. The investigation was conducted. Respondent No.1 was arrested on 03/04/2001 itself. At the instance of Respondent No.1, the sickle was recovered from his house. Statements of various witnesses were recorded. Spot Panchanama was conducted and at the conclusion of the investigation, charge-sheet was filed.

5. The trial was conducted before the Court of J.M.F.C., Pune. During the course of trial, the prosecution examined P.W.1 Bablu Hiraman Landge as the victim and the first informant. P.W.2 Mainabai Hiraman Landge as one of the eyewitness and the mother of the victim. P.W.3 Balu Shankar Dodke and P.W.4 Shivaji Laxman Chavan did not support the prosecution case and were declared as hostile witnesses. P.W.5 PSI Anant Kondiba Darekar was the Investigating Officer and had conducted the investigation in respect of C.R.No.53/01 registered at Samarth Police Station. P.W.6 Dr.Arjun Govindrao Mukutrao was the CMO at Sassoon Hospital, who had examined P.W.1 Bablu Landge and had issued the injury certificate.

6. P.W.1 Bablu Landge had deposed that on 29/03/2001, he came to his house at about 10.00 p.m. He came to know that Respondent No.1's brother had abused P.W.1's m