ATMARAM ZINGARAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Nine persons including Atmaram Zingaraji, the appellant before us, were placed on trial before the Additional Sessions Judge, Akola, to answer the following charges :

(2.) On conclusion of the trial,, the learned Judge acquitted them of all the charges and aggrieved thereby the respondent-State of Maharashtra preferred an appeal. The High Court disposed of the appeal by setting aside the acquittal of the appellant and convicting him under Section 302, I.P.C. (simpliciter) and affirming the acquittal of the eight others. Hence this statutory appeal at the instance of the appellant.

(3.) On going through the impugned judgment of the High Court we find that it has reappraised the entire evidence and given cogent and convincing reasons for arriving at the conclusion that the findings of the trial Court, so far as they related to the acquittal of the appellant, were perverse. With the above conclusion of the High Court we are in complete agreement. As regards the other accused persons, the High Court held that the claim of the eye-witnesses that they also took place in the murder was an improvement and that the trial Court was fully justified in acquitting them.