STATE OF MAHARASHTRA Vs. ARUN BALKRISHNA MHATRE

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 8th February, 2000 passed in Sessions Case No. 10 of 1996 by learned Additional Sessions Judge, Raigad, Alibag for the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for short "IPC ").

(2.) Narrated in nutshell, the prosecution case is that, Anil Chitnis (deceased) was an Editor of a newspaper by name "Thingi ". On 28th September, 1995 Alibag police received a telephonic message at about 16.35 hours from Police Constable Salvi, Buckle No. 1894 from Civil Hospital, Alibag that the deceased was admitted in the hospital in an injured condition. Thereafter, PSI Mahaldar (PW-1) reached the hospital and after ascertaining the physical condition of the deceased, recorded the statement of deceased.

(3.) The prosecution then contends that from the statement so recorded by PW-1, it revealed that the deceased was assaulted by the respondents - accused on his chest and abdomen by means of an instrument like 'gupti ' on the ground that the deceased used to make complaints to police about them. On the basis of said statement of deceased, Crime No. 96 of 1995 under Section 302 read with 34 of IPC came to be registered by Alibag Police Station, Raigad.