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ABHAY S. WAGHWASE
Tejrao, S/o. Dharba Ghule – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Abhay S. Waghwase, J.)
1. In instant appeal there is challenge to the judgment and order dated 31/01/2006, passed by learned 1st Adhoc Additional Sessions Judge, Parbhani, in Sessions Case No.187/2003, rendering judgment of guild against present appellants for offence punishable under Sections 147, 323 r/w 149 of Indian Penal Code.
PROSECUTION CASE IN BRIEF
2. In all seven accused were booked and charged by Bamani Police Station, Taluka Jintur, District Parbhani, on report lodged by PW3 alleging that he owns agricultural land. Accused No.1 Haribhau and Aba are his neighbours. They used to obstruct PW3 from cultivating land as they were interested in purchasing the same. They used to damage the ridge to persuade him to sell the land. On 21/05/2001, at around 11:00 a.m., accused persons came to his field and started damaging the ridge to which informant obstructed. As a result of which he and his son Prakash were beaten. Vishrantibai, Gokarnabai and Sumanbai intervened and they also suffered injuries. Therefore, informant approached Bamani Police Station and lodged report (Exhibit-61), on the basis of which crime was registered for offence punishable under Sections 147, 148,
Important Point : The court upheld the conviction for simple injuries under IPC, emphasizing the consistency of witness testimonies while extending probation to certain accused based on gender and ag....
The court upheld the conviction under Section 324 IPC based on consistent eyewitness accounts, while acquitting one appellant due to evidence of his absence during the incident.
The court affirmed the convictions under IPC, emphasizing common intention in participation of crimes and granted probation due to the nature of the offences and first-time offender status.
The main legal point established in the judgment is the reliance on consistent testimonies and medical evidence to establish guilt, the rejection of the right of private defence, and the application ....
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