State of Maharashtra VS Swenjita Sanjeet Goraksha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MILIND N. JADHAV
State of Maharashtra – Appellant
Versus
Swenjita Sanjeet Goraksha – Respondent

Advocates Appeared:
For the Appellant : Dr. Krishnaiyar, learned APP.
For the Respondents:Mr. Sumedh Modak, Advocate.

JUDGMENT :

(Milind N. Jadhav, J.)

1. The present Appeal is directed against judgment of acquittal dated 29.11.2003 passed by the Ld. Judicial Magistrate First Class, Dahanu below “Exhibit 70” in Criminal Appeal No. 345 of 2004 by which the two respondents- Accused have been acquitted. Offences for which respondents were tried are under Sections 324, 504, 506 read with Section 34 of Indian Penal Code, 1860, (for short “IPC”). Complainant is the victim himself. Accused No.1 and Accused No. 2 are wife and husband, respectively.

2. The facts of the case for consideration are summarized as follows:

2.1. On 17.05.2000, in between 8:00 - 8:15 a.m., Complainant Mr. Jaikumar, resident of Bordi filed report at Gholvad Police Station alleging that Accused No. 1 and Accused No. 2 in furtherance of their common intention hurled insults, gave threats and caused hurt to the complainant by means of stone and the Accused No. 1 bit the complainant on his back, causing injury to him.

2.2. The dispute leading to filing of complaint, indictment and trial arises out of a civil cause of action. Place of incident is the vicinity of the house of the accused persons. Brother of Accused No. 2 sold the adjacent l

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