STATE OF MAHARASHTRA Vs. JAHANGIR BABU FAKIR

JUDGEMENT

(1.) This is an appeal by the State, challenging the judgment and order of the acquittal passed by the II Ad-hoc Additional Sessions Judge, Kolhapur in Sessions Case No.140 of 2004 on 26th May, 2006 thereby acquitting respondent nos. 1 to 10 of the offences punishable under Sections 143, 147, 148, 302, 323, 504 r/w 149 of Indian Penal Code and Section 37(1) r/w Section 135 of the Bombay Police Act.

(2.) The prosecution story is like this :-

(3.) There were two rival groups in village Shiroli-pulachi, Tal. Hatkanagale, Dist. Kolhapur. On 16th May, 2004 at about 2.00 p.m. Yasin - brother of complainant - PW-2 Chandso Sarjekhan had been to the field of one Kutub Mulla named 'Katwan ' for bringing rice straws with one Ananda Chougule and Baban Sarjekhan in a tractor. A wordy duel ensued on account of loading more rice straws in the tractor between Imran Fakir and Yasin Sarjekhan. Imran Fakir gave a kick to Yasin Sarjerao. On the same day, at around 6.30 p.m. Yasin reported about the said incident to some of the accused.