STATE OF MAHARASHTRA Vs. SANJAY RAJARAM MUGADE

JUDGEMENT

(1.) This Criminal Appeal takes an exception to the judgment and order dated 29/04/1999 IInd Additional Sessions Judge, Satara in Sessions Case No. 82 of 1997 acquitting both the accused from the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code.

(2.) The prosecution story in nutshell is as under:

(3.) After completing the investigation, a charge sheet came to be filed against accused Sanjay Mugade, his brother Vijay Mugade, maternal uncle Udhav Shedage and jeep driver Guruling Atyal. Thereafter Accused No.3 Udhav Shedage and Accused No.2 Vijay Mugade preferred application Exhibits 6 and 16 respectively for their discharge as, according to them, there was no prima facie evidence to frame charge against them. After considering the facts and evidence on record, for the reasons stated in the orders, both the accused came to be discharged.