STATE OF MAHARASHTRA Vs. SARAJERAO DNYANU KHOT

JUDGEMENT

(1.) The appellant - State, being aggrieved by the judgment of the II Adhoc Additional Sessions Judge, Kolhapur dated 18/8/2005, in Sessions Case No. 168 of 2001, acquitting the respondents for offence punishable under Sections 307, 342, 326 read with 149 and 148 of the IPC, by this appeal questions the correctness of their acquittal. Facts in brief as are necessary for the decision of this appeal may briefly be stated thus:--

(2.) On committal of the case to the Court of Sessions, trial court vide Exh. 22 framed charge against the accused for offence punishable under Sections 148, 342 read with 149, 307 read with 149 and 326 read with 149 of the IPC. Prosecution, in support of its case, had examined 15 witnesses. The trial court, upon appreciation of the evidence, acquitted the respondents - accused. The present appeal, therefore, has been filed by the State questioning the acquittal of the respondents.

(3.) With the assistance of the learned APP and the learned counsel representing the respondents-accused, we have perused the testimonies of the witnesses. In respect of the evidence of the disclosure statement of accused No. 1 relating to the seizure of the rifle under seizure memo at Exh. 52, the trial court came to the conclusion that the said evidence did not assist the prosecution as the rifle was found where it was usually kept and there were no allegations that the rifle had been used in the offence as no one had been injured on account of gunshot. The trial court, therefore, at paragraph 8, came to the conclusion that no reliance could be placed on the aforesaid circumstance.