STATE OF MAHARASHTRA Vs. RAVINDRA

JUDGEMENT

(1.) Present application has been filed under Sec. 378(1)(b) of the Code of Criminal Procedure seeking leave to file an appeal challenging the judgment and order dtd. 27/3/2018 passed by the learned Additional Sessions Judge, Beed in Sessions Case No.86 of 2011; thereby acquitting respondent Nos.2 to 7 from the offences punishable under Ss. 147, 148, 307, 326, 504, 506 read with Sec. 149 of Indian Penal Code and under Sec. 4 read with Sec. 25 of the Arms Act.

(2.) Heard learned APP Mrs. V. S. Choudhari for the applicant - State. With the able assistance of learned APP, we have gone through the record, which was before the learned Trial Judge.

(3.) It is to be noted that the prosecution has examined in all nine witnesses to bring home the guilt of the accused. As per the FIR lodged by P.W.3 Sachin Suryawanshi, the incident has taken place at about 3.30 p.m. on 26/9/2010. He was taking rest in the house due to illness. His father was grazing the cattle near the house, mother was collecting grass and wife was at home. A four wheeler stopped in front of his house and from that 7- 8 persons got down. They started abusing him. Two persons amongst them were holding sword, two were holding wooden log and two were holding iron rod and after seeing this, the informant closed the door of his house, however, after he heard the noise of fire (fire of gunshot), he opened the door, at that time, he found that accused Ankush was holding revolver in his hand. Accused Ravindra and Shaikh Jakki were holding sword, Balu came near him and assaulted on his head by sword. Deepak and Gorakh assaulted him by wooden log. Mahesh, Shaikh Ansar and one unknown person assaulted him by iron rod on his both hands and leg. He became unconscious and thereafter his father had taken him to Government Hospital, Kada. The doctor asked to shift him at Ahmednagar and from a private hospital from Ahmednagar, he gave FIR.