MADHUKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed under Sec. 372 of the Code of Criminal Procedure by the original informant challenging the acquittal of respondent Nos.2 to 6 i.e. original accused Nos.2 to 6 in Sessions Case No.54 of 2018 by learned Additional Sessions Judge, Jalna on 4/5/2023 from the offence punishable under Ss. 302 , 201, 120(B), 143, 147 and 148 read with Sec. 149 of Indian Penal Code. It will not be out of place to mention here itself that original accused No.1 - Hariba Sandu Mirge expired during the trial and, therefore, case stood abated against him.

(2.) The prosecution story is that the first informant Madhukar Kisan Mirge was staying with his father, brother P.W.3 Mukund and another brother Vinod and their family. P.W.5 Sumanbai is the widow of deceased Kisan. The family had 18 Acres of land. Accused No.1 Hariba was the real brother of deceased Kisan. Accused Nos.2, 3, 4 and 5 are the sons of accused No.1 and accused No.6 is the friend of accused No.4. There was dispute between the informant and accused Nos.1 to 5 on account of road passing through agricultural land bearing Gut No.167, which the parties had taken up before the Court. Deceased Kisan used to go to his field at night time to guard it. As usual he went around 8.30 p.m. on 30/11/2017 to the field on his motorcycle, however, he did not return in the morning. Informant went to the field, but could not find father, therefore, made inquiry with Vinod who told him that father has not returned home. Therefore, all the relatives started searching Kisan, at that time, his motorcycle was found in the field of one Bhagaji Ghodke and then the missing report has been filed. On the next day i.e. on 1/12/2017, the dead body of Kisan was found near Power House of Wadod Bazar village, then the informant lodged the FIR.

(3.) After the dead body was found, inquest panchanama was prepared and dead body was sent for postmortem. Panchanama of the spot was carried out after the FIR was lodged and statements of witnesses were recorded. Accused came to be arrested. After the completion of the investigation, charge-sheet was filed.