STATE OF MAHARASHTRA Vs. RAMRAO

JUDGEMENT

(1.) By way of instant application, State seeks leave of this Court to question judgment and order passed by the Additional Sessions Judge, Parbhani in Sessions Trial No.153 of 2011, by which present respondents who were tried for offence under Ss. 143, 147, 148, 365, 367, 341, 323, 326, 307 r/w 149 of the Indian Penal Code ( IPC ) and are acquitted of all the charges.

(2.) Taking us through the evidence on record, learned APP would submit that there was quarrel between wife of informant and sister of accused. In such backdrop, it is pointed out that informant was waylaid by accused. He was tied to a tree and beaten with sticks by accused until be fell unconscious. Informant himself narrated the incident to the Police, on the strength of which crime was registered. That there is recovery during the investigation. All the accused have mounted assault on informant only with intention to inflict grave injury and attempted to commit murder. That prosecution had examined medical expert, who had come across several injuries on the person of injured PW1 Madhav. Therefore, it is submitted that there was cogent and reliable evidence of informant - injured himself. That, learned trial Court ought to have appreciated that by forming unlawful assembly and with object to take revenge, accused had assaulted injured. That therefore, it was a fit case for recording conviction, however, the learned trial Court failed to appreciate and consider the oral and documentary evidence and has erred in acquitting accused. It is submitted that State intends to challenge the said judgment and order by preferring appeal and hence, the prayers.

(3.) In the light of above submissions, we have gone through the oral and documentary evidence and we have also carefully examined impugned judgment.