RAM MARUTHI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are inter-linked and are directed against a common judgment of the Bombay High Court. Of the two appeals before the High Court, one was filed by Nathu Keru Bhatre (hereinafter described as 'A-12'). The other appeal was filed by the State of Maharashtra questioning the acquittal of one Mahadeo Dhandu Chavan (hereinafter referred to as 'A1') and the appellant Ram Maruti Pawar (hereinafter described as 'A14). In all, 15 accused persons faced trial for alleged commission of offence punishable under Section 302 read with Section 149 of the Indian Penal Code (in short 'IPC'). The trial Court convicted A12 while directing acquittal of other accused persons. The State's appeal before the High Court related to accused Nos. 1 and 14. The High Court allowed the appeal filed by the State qua Ram Maruthi Pawar A14 while upholding the acquittal so far as Mahadeo Dhandu Chavan (A1) is concerned.

(2.) Though learned counsel for the appellant urged many points, we do not feel it necessary to go into them in detail. There are some disturbing features which have been noticed. It appears that during the course of trial, learned prosecutor appearing for the State conceded before the trial Court that it was not possible to say that any offence has been committed by accused Nos. 2 to 15 and they can be immediately set at liberty. The trial recorded the concession in the following words :

(3.) Nevertheless the trial Court convicted A12 which was challenged before the High Court. It is also interesting to note that before recording the concession of learned counsel for the prosecution, the High Court noted that the evidence of Narayan Pandy Ghungre (PW9) as regards the particular part played by accused Nos. 2 and 14 are relevant. It has been noted as follows :