STATE OF MAHARASTRA Vs. VIVEK PRAKASH INGLE

JUDGEMENT

(1.) Through this appeal the appellant-State of Maharashtra challenges the judgment and order passed by the Additional Sessions Judge-IV, Akola in Sessions Trial No. 35/2015 dated 05.03.2018 thereby acquitting all respondents of the charge of commission of offences punishable under Sections 143, 147, 148 and 307 read with Section 149 and 302 of the Indian Penal Code.

(2.) In short, the prosecution case runs as under :-

(3.) At around 9.00 p.m. on 12.08.2014, when the Informant and Sunil(deceased) were present at the counter of the bar and Vinod Sawadkar, Pradip Arakhrao (PW13), Bhaskar Shende, Ramdas Lod, Raju Damodar (PW5) and Tushar Sange (PW1) were present in the bar. Accused-Satish Khandare, Sagar Uparwat and four others came in the bar, accused Satish Khandare and Sagar Uparwat were holding pipes and other four were holding Bamboo sticks. Accused suddenly started assaulting Sunil (deceased) with the said weapons. Accused Satish Khandare and Sagar Uparwat gave blow of pipes on head of Sunil (deceased). The Informant and others tried to intervene but, other four assailants assaulted them. Due to assault by the accused, Sunil(deceased) sustained bleeding injury on his head and he fell down near the counter. Even thereafter all the assailants assaulted Sunil(deceased) and ran away from the spot. Out of four unknown assailants, one of the assailant assaulted Pradip Arakhrao (PW13) with stick. It is alleged that since Sunil (deceased) lodged report of the incident which had occurred in the afternoon, the accused assaulted Sunil(deceased). Sunil (deceased) was admitted to Sahara Hospital at Akola by the Informant and thereafter the Informant went to the Police Station, Old City, Akola and lodged report. On the basis of the report of the Informant, the Police Station Officer registered the offence vide Crime No. 188/2014 for the offence punishable under Sections 143, 147, 148, 149, 326 and 324 of the Indian Penal Code against Satish Khandare, Sagar Uparwat and four other unknown persons. The Police Officer started the investigation. The Investigating Officer carried out spot panchnama, inquest panchnama and test identification parade through Executive Magistrate. The Investigating Officer seized incriminating weapons, clothes, blood samples under the seizure panchnama. The Investigating Officer referred incriminating articles to Regional Forensic Science Laboratory.