STATE OF MAHARASHTRA Vs. DNYANESHWAR VASANT YEPRE

JUDGEMENT

(1.) The Appellant-State has preferred this appeal against the judgment and order passed by the learned 6th Additional Sessions Judge, Pune in Sessions Case No.386 of 1995 thereby acquitting the Respondents - Accused for the offence punishable under Sections 302, 323 and 504 r/w Section 34 of the Indian Penal Code (for short "IPC).

(2.) The Respondents - Accused were tried for having committed offence of murder of Ashok Dattatraya Babade (the Deceased) on 04/03/1995 at about 9.45 pm in front of the utensils factory of the deceased at Ravivar Peth, Pune on account of the alleged dispute in between the employees of Ashok Babade (the deceased) and the accused. It is the case of the prosecution that on the date of incident the accused had been to the factory of deceased, they demanded the vessel for water (Tambya), therefore, at the request of Accused No.1 a plastic can was given by employee Gunjkar to Accused No.1. After completing dinner, when the complainant went outside the factory to bring the said can from the accused, he noticed that Accused Nos.1 and 3 were consuming liquor in the open space which is in front of the factory. When the complainant demanded back the can, Accused No.1 became annoyed and started abusing and insulting him. Therefore, the complainant apprised his employer i.e. the deceased. It is the case of the prosecution that when the deceased inquired with the accused, Accused Nos. 1 and 3 started abusing and assaulting the deceased. At that time, Accused No.2 came there and caught hold the deceased from back side, then Accused No.1 gave the knee blows on the private part i.e. scrotal of the deceased on two occasions and hit the abdomen with the head due to which the deceased fell down, then also the Accused Nos.1 and 3 alleged to have assaulted the deceased. When the complainant tried to intervene, he was assaulted on the abdomen by Accused No.3 . Kondu Kondhalkar came there and took the deceased to K E M Hospital, Pune. The complainant went to Subhash Police Chowky to inform the incident. Thereafter he went to K E M hospital, where he came to know that Babade is no more. The complainant was also treated in the Sasoon Hospital for the injury sustained by him. According to the prosecution, due to the alleged injuries to the testis of deceased, the deceased died a homicidal death. On the basis of the complaint of Gunjkar, the police registered the crime being C R No.51/1995 for the offences punishable under Sections 302, 323, 504 r/w 34 of the IPC against the accused on 05/03/1995.

(3.) After registration of offence, it appears that, the matter was investigated by Investigating Officer Vithal Sopan Ghadge (PW10), who during the course of investigation visited the spot of incident, prepared panchanamas including inquest panchanam, spot panchanama, panchanama of seizure of clothes of deceased, recorded the statements of witnesses, as also collected Post-Mortem Notes. The IO thereafter arrested the Respondents - Accused and during their arrest prepared panchanama of seizure of clothes of accused. After completing the investigation, a charge-sheet came to be filed against the Respondents - Accused. The learned Additional Sessions Judge, Pune thereafter framed charge against the Respondent - Accused for committing offences punishable under Sections 302, 323, 504 r/w 34 of the IPC.