STATE OF MAHARASHTRA Vs. ARJUN BHARMAJI WAGHCHOURE

JUDGEMENT

(1.) The appeal is filed by the State against the judgment and order of Sessions Case No. 37/1992, which was pending in the Court of Additional Sessions Judge, Ambajogai, District Beed. THE Trial Court has acquitted all the accused/respondents of the offences punishable under sections 302, 325, 147, 148, 149 and 34 of Indian Penal Code ("I.P.C."for short). THE appeal is admitted against all the respondents. Today this Court is deciding the appeal filed by the convicts from counter case, bearing Criminal Appeal No. 152/1995 also. Both the sides are heard.

(2.) The case of prosecution is that in Ambejogai there are two political rival groups of political party, Republican Party of India ("R.P.I." for short). One fraction is follower of Shri. Gavai and other fraction is follower of Shri. Prakash Ambedkar. Most of the workers of these two fractions are residents of Dhobighat, Ambejogai. THE complainant Sambhaji Jogdand is a leader of Gavai group. THE accused persons/respondents belong to opposite group and one Professor More is a leader of this group. Due to the political rivalry, the relations between the two groups were strained at the relevant time.

(3.) Charge was framed for aforesaid offences against the respondents. The prosecution examined in all 12 witnesses. The Trial Court has acquitted the respondents by holding that the prosecution has failed to prove that death of Nivrutti was direct result of assault made on him in the incident. It is further held by the Trial Court that versions of prosecution witnesses are not consistent with each other and so, they cannot be believed. The Trial Court has given other reason that injuries sustained by the accused persons are not explained by the prosecution.