STATE OF MAHARASHTRA. Vs. BABAN GANGARAM CHIRATE

JUDGEMENT

(1.) Heard.

(2.) Acquittal of the respondent-accused recorded by the learned Sessions Judge, Kalyan for the offences punishable under Sections 147, 148, 149, 302, 307 and 302 read with Section 34 of the Indian Penal Code and under Section 27(3) of the Arms Act is questioned by the State in the present appeal.

(3.) The prosecution case, in short, is that: On 03/09/1992 at 7.30 a.m. complainant Yeshwant Nanu Chirate, who is injured witness and son of deceased Nanu @ Nenu Ganpat Chirate, lodged complaint with Police Station, Murbad vide CR. No.I/178/92 alleging that accused Nos.1 to 7 were members of unlawful assembly and in prosecution of the common object of that assembly committed riot and thereafter committed murder of his father Nanu by sword. In furtherance of the same transaction, the accused Nos. 1 to 4 went to the field of the complainant and assaulted him with swords, due to which he sustained injuries on vital parts. On completion of the investigation, chargesheet came to be filed and case was committed to the Sessions Court. All the seven accused were charged for commission of the offences punishable under Sections 147 , 148 , 149 , 302 , 307 and 302 read with Section 34 of the Indian Penal Code and under Section 27(3) of the Arms Act.