STATE OF MAHARASHTRA Vs. DINESH

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment and order dated 22.08.2007 delivered by the learned Adhoc Additional Sessions Judge, Yavatmal in Session Trial No. 52/2006, whereby the learned Adhoc Additional Sessions Judge, Yavatmal has acquitted the respondents (hereinafter referred to as "the accused" for the sake of brevity ) for the offence punishable under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code.

(2.) The prosecution case in nutshell can be summarized as under:

(3.) PW7-ASI Dinakar Bhanuse recorded the said report. On the basis of the said report, the offence came to be registered vide Crime No. 87/2006 against the accused. He visited the place of incident and recorded the spot panchnama so also recorded the statement of the complainant PW2-Smt. Kanta Ramteke and injured PW1-Sandeep Ramteke. PW7-ASI Dinakar Bhanuse then arrested the accused Nos. 1 to 4 on 07.03.2006. On 09.03.2006 accused No.1 showed his willingness to point out the place, where he had concealed the sword. Accordingly, memorandum panchnama was drawn vide Exh.53. Thereafter, accused led the police and panchas below one tree situated in Chamedianagar. The sword was taken out from the roots of the tree beside the road and panchnama was drawn vide Exh.51. PW7-ASI Dinakar Bhanuse then proceeded the house of the accused No.2 and took search of his house and found one knife kept in one wooden box. PW7-ASI Dinakar Bhanuse seized the said knife under panchnama Exh.52. On 15.03.2006 PW7-ASI Dinakar Bhanuse took charge of clothes of the victim under panchnama Exh.54. The seized articles were sent to the CA Office for its analysis. The CA Reports (Exhs. 66 to 71) were collected. After completing the formal investigation, charge-sheet came to be filed in the Court of Chief Judicial Magistrate, Yavatmal.