STATE OF MAHARASHTRA Vs. BASHIR ABDUL SHAIKH

JUDGEMENT

(1.) THROUGH this appeal preferred under section 378 (2) Cr. P. C. the State of Maharashtra has impugned the Judgment and order dated 30/9/1985 passed by the Assistant Sessions Judge, Thane in Sessions case no. 317 of 1984 whereby the respondents have been acquitted for offences punishable under sections 147, 148, 307, r/w 149 IPC and 341 r/w 149 IPC, in the alternative under section 307 r/w 34, 341 r/w 34 IPC and 326 r/w 34 IPC.

(2.) SHORTLY stated the prosecution case runs as under: - On 18/12/1983 at about8. 30 to 845 p. m. the victim - Shashikant Khare PW 2 proceeded from his house situated in Vasind to catch a local train at Vasind Railway station. At the station, the seven respondents surrounded him. He thereupon started running towards his house. When he had reached the railway yard, the respondent no. 1 Bashir flashed a torch on his face. Thereafter, he assaulted him with a sword on his left arm and respondent no. 3 Chandrakant assaulted him by a knife on his left auxillary region. The victim raised cries and implored the respondents not to beat him. This incident was also seen by Anil Khare PW 1, cousin of the victim, while he was on way from his office towards his house. After assaulting the victim, the respondents ran away.

(3.) THE case was investigated in the usual manner and thereafter the respondents were charge sheeted. However, in the instant case, the investigating officer has not been examined. THE case was committed to the Court of Sessions in due course where the respondents were charged for the offences referred to in para 1 of this judgment. THEy pleaded not guilty to the charges and claimed to be tried. THEir defence was of denial.