STATE OF MAHARASHTRA Vs. RAJESH AND ORS.

JUDGEMENT

(1.) Through this appeal, the appellant - State of Maharashtra, challenges the judgment and order passed by Adhoc Additional Sessions Judge, Yavatmal, in Sessions Case No.113 of 2006 dtd. 14/5/2008, thereby acquitting all the respondents of the offences punishable under Ss. 147, 148, 302 and 307 read with Sec. 149 of the Indian Penal Code and Sec. 37 (1) punishable under Sec. 135 of the Bombay Police Act.

(2.) In short, the prosecution case runs as under:- F.I.R., dtd. 24/8/2006 filed by Informant - Mangala (PW 1), who is the wife of Mahadev (deceased), contends that her husband (deceased) was serving in M.S.R.T.C. Alongwith the informant, parents of the informant and her two brothers namely Dnyaneshwar and Bhayya were also residing. Brother-in-law of the informant is running pan-stall, which is managed by one Sunil. On 24/8/2006 at around 8.00 a.m. when the informant was in her house, the accused nos.1 to 6 went to the said pan-stall, which is situated in front of her house. Sunil was present at the pan-stall. The accused nos.1 to 6 purchased pouches of gutkha and when Sunil demanded the price of gutkha, accused nos.1 to 6 raised quarrel with Sunil. Therefore, one Jitendra filed report in Police Station in the name of Sunil.

(3.) At about 3.00 p.m. on 24/8/2006 Mahadev - husband of informant - Mangala (PW 1) returned to the house. When he came to know about the incident happened at about 8.00 a.m., he went to the place of the accused and asked why they raised quarrel with Sunil and then returned home. Thereafter at about 4.00 p.m. on 24/8/2006, all nine accused came in front of the house of the informant and asked Mahadev (deceased) and Bhayya as to why they had come to their house and abused. When Mahadev and Bhayya came outside the house, the accused abused and assaulted both of them using sticks. Accused no.2 - Dashrath assaulted Mahadev by using the sword on his head and killed him and also caused hurt to Bhayya.