STATE OF MAHARASHTRA Vs. MOTIRAM DAULAT DEORE

JUDGEMENT

(1.) THROUGH this Appeal under section 378 (1) of the Criminal Procedure Code the State of Maharashtra has impugned judgment and order dated 19/11/1985 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 112 of 1985 acquitting all the accused of the offences punishable under sections 147,148,149,302 and 304 of the I. P. C. and also of the alternative charges.

(2.) BRIEFLY stated the prosecution case as narrated by Kamlabai Govinda Ahire (P. W. 1) is that accused Nos. 1 to 10 and the deceased Govinda were close relatives i. e. brothers and nephews and they all resided in houses adjacent and/or nearby to each other in the said village. It appears that there were two parties in the village one headed by Kashinath Shivram Ahire and the other consisting of accused persons. The accused persons did not like the deceased working for Kashinath. As he owed allegiance to Kashinath Ahire the head of the opposite party, and threatened that they would kill Govinda if he continued to work for Kashinath. Govinda used to tell them that he would join the party of the accused persons provided the dispute over his daughter was settled.

(3.) DURING the trial the prosecution has examined in all 7 witnesses, the star witness being Kamlabai (P. W. 1) widow of the deceased Govinda Ahire, Bhiva Ahire (P. W. 4) who is employer of the deceased and Mohta Bhau K. Ahire (P. W. 6) who is distant nephew of P. W. 4 Bhiva Ahire and Medical Officer Dr. S. M. Nawal (P. W. 3) who opined that the death of Govinda is homicidal and that all the injuries which resulted in the death of Govinda could have been caused by sticks which have been recovered under the panchnama were also examined by the prosecution. As stated earlier the motive attributed by the prosecution to the accused for the murder of Govinda is that the deceased Govinda had left the party of his brothers and nephews and joined the opposite camp headed by Ahire.