STATE OF MAHARASHTRA Vs. ANIL RAJARAM NIKAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23rd January, 2001, passed by the learned Additional Sessions Judge, Kolhapur, in Sessions Case No.30 of 2000, whereby the respondents - accused were acquitted of the offences punishable under Sections 307, 452, 323, 504, 506 read with 34 and Section 116 of the Indian Penal Code, 1860 ('the Penal Code ').

(2.) Shorn of superfuities the background facts leading to this appeal can be stated as under:

(3.) We have heard Mr. Agarkar, the learned APP for the State, at length. Mr. Agarkar was at pains to persuade us to hold that the impugned judgment warrants interference at the hands of this Court. An endeavour was made to show that the evidence of Sachin (PW-1) and Ganpati (PW-2) could not have been lightly discarded especially in view of the fact that Sachin (PW-1) was an injured witness.