The State Of Maharashtra Through P. S. Ambhora vs Gopala Baburao Walke

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 246

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
SANJAY A. DESHMUKH, J.
The State Of Maharashtra Through P. S. Ambhora – Appellant
Versus
Gopala Baburao Walke – Respondent

Advocates Appeared:
Mr. D.J. Patil, A.P.P. for appellant
Ms. Sayali S. Tekale, advocate for respondents.

JUDGMENT :

SANJAY A. DESHMUKH, J.

1. This appeal is preferred against the judgment and order delivered by Judicial Magistrate First Class, Ashti, Tahsil Ashti, District Beed, in Regular Criminal Case No.80 of 2002, dated 13.06.2005. The respondents/accused were acquitted. It is an appeal against acquittal.

PROSECUTION’S CASE :

2. The informant Sudam Raktate (PW-1) was ploughing his agricultural land situated at village Sayedmir Loni, Tahsil, Ashti, District Beed on 27.03.2002, at about 12 noon. While ploughing, some thorny bushes were likely to cause obstacles to the bullocks eyes, which were existed on the common boundary (bandh) between his land and the land of accused/respondents. To avoid the injuries to the bullocks of the informant, he put some stones on those thorny bushes in order to bend the same. At that time accused No.1 quarreled with the informant. Other accused also came there with weapons i.e. axes, sticks and stones. They all assaulted the informant and his father. At that time, after listening the hue and cry of informant his parents and wife etc. came there to rescue him. The accused also beat them by sticks, stones and axes. The informant and his father was admitted