STATE OF MAHARASHTRA Vs. EKNATH BHILA KHAIRNAR

JUDGEMENT

(1.) This Appeal is filed by the State challenging the judgment and order of acquittal dated 24th April, 2002 passed in Sessions Case No. 8 of 1999 by 3rd Additional Sessions Judge, Malegaon, 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:

(3.) To substantiate the charge against the respondent-accused, the prosecution has examined as many as 5 witnesses and exhibited number of documents. The respondent-accused was questioned under Section 313 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") about the incriminating evidence and circumstances and he denied all of them as false.