STATE OF MAHARASHTRA Vs. SHIVAJI DAULU PATIL

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 22nd November, 1999 in the Sessions Case No. 167 of 1997. passed by the IInd Additional Sessions Judge, Kolhapur thereby acquitting all the Respondents herein ­ Orig. Accused, of the offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code (hereinafter referred to as "IPC").

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

(3.) On 26th October, 1996 at about 8.30 to 9.00 p.m the alleged incident took place. There was an entertainment program of one 'Shahir' at village Bidri on the occasion of Kojagiri Pornima on a stage of Matang community. Shivram (deceased) had been present there to watch the said program. It is alleged that at that time Shivaji Daulu Patil (A 1) assaulted Shivram with an axe and Ganpati Daulu Patil (A 3) gave blows of stick on back and Hindurao Daulu Patil (A 2) gave blow of a sword on right thigh of Shivram. Other accused namely Sanjay (A 4), Sunil (A 5) and Ranjit (A 6) gave fist blows and kicks to Shivram.