STATE OF MAHARASHTRA Vs. TAYAPPA SHANKAR JAGDALE

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment and order dated 28th October 1999 passed by the Additional Sessions Judge, Satara, by which the Additional Sessions Judge has acquitted the present respondents-accused herein in Sessions Case No.169 of 1997 under Sections 143, 147, 148, 149 and 302 of the Indian Penal Code (IPC), the State has preferred the present appeal.

(2.) Briefly stated, the facts are that informant is resident of Village Bothe, Post Kul Kazai, Taluka Man, District - Satara. There are two political parties in the said village viz., Congress and Shivsena, having political rivalry. Accused Ramchandra Jaysing Jagdale (A-3) is the Up-pramukh of Shivsena of the said village. In the last Zilla Parishad and Panchayat Samiti election, candidate from Congress came to be elected, as a result of which, A-3 and others started having grudge against the informant and others.

(3.) According to the prosecution, on 16th May 1997, at about 6.30 p.m., the informant and his son Dashrath (since deceased) were chitchatting. After sometime the deceased went towards the field on the eastern side in order to attend the nature 's call. Thereafter, the informant saw accused Ramchandra Jaysingh Jagdale (A-3), Rupesh Bhujangrao Nalawade (A-4), Tayappa Shankar Jagdale (A-1), Kisan Gulab Savant (A-5) and Avinash Shankar Jagdale (A-2) going in the direction of his son. After sometime, the informant heard his son 's voice "vachwa vachwa mala maru naka ". The informant immediately rushed in that direction. The neighbourers had already rushed and chased the accused.