STATE OF MAHARASHTRA Vs. RAMESHWAR

JUDGEMENT

(1.) This is an appeal preferred by the State challenging the acquittal of the respondents/ accused in Sessions Case No.186/1999 vide judgment dated 06.02.2003 delivered by the learned 2nd Additional Sessions Judge, Parbhani.

(2.) We have considered the strenuous submissions of the learned Prosecutor on behalf of the State and the learned advocate on behalf of both the respondents/ accused.

(3.) Before the Trial Court, the respondents/ accused, charged of having committed an offence of murdering Munja Vishwanath More, were tried for the said offence punishable under Section 302 r/w Section 34 of the Indian Penal Code. The case put up by the prosecution was that the deceased Munja himself had approached the Police Station, Pathari on 19.08.1999 alleging that he was assaulted by both the accused around 07:00 PM on 18.08.1999. He mentioned in his complaint that he had suffered external injuries on his hand, thigh and chest (actually a little below the chest). Both the accused had used a cudgel (a short thick stick) and had used their fists and kicks, to beat him. His parents Vishwanath (PW-2) and Gangubai (PW-3) tried to rescue him and they were also kicked and abused. It has come on record that the deceased subsequently approached the hospital on 24.08.1999 where he was admitted on account of an injury pertaining to his forehead. The said injury was with regard to a haemorrhage seen in the right frontal region extra dural space. He spent about seven days in the hospital and he died on 29.08.1999. His complaint was, therefore, converted into an FIR and Section 302 r/w Section 34 was made applicable on 30.08.1999.