JUDGMENT

K.R.SHRIRAM, J. - This is an appeal impugning an order of acquittal passed on 29th March 2005 by the Additional Sessions Judge, Gadhinglaj, who had set aside an order passed by the Learned Judicial Magistrate First Class, Chandgad, District - Kolhapur. The Trial Court had convicted respondent in this appeal for an offence under Section 324 (Voluntarily causing hurt by dangerous weapons or means) and Section 325 (Punishment for voluntarily causing grievous hurt) of the Indian Penal Code (IPC).

2. Though the learned APP made valiant efforts to convince the Court, in fairness agreed that PW-2, PW-3, PW-4, PW-6 and PW-7 have turned hostile. Out of nine witnesses, five who are independent witnesses, have turned hostile. Other four witnesses are complainant, his wife, Medical Officer and Investigating Officer.

3. PW-6 and PW-7 were star witnesses for the prosecution. Both denied any knowledge about the incident. PW-2 and PW-3 were witnesses for spot panchnama and they turned hostile. PW-4 was the seizure panch witness and it is prosecution's case that accused on his own appeared before the Investigation Agency and produced the stick, which he had used to assault complainant. PW-4