STATE OF MAHARASHTRA Vs. ARJUN DATTARAM BHEKARE

JUDGEMENT

(1.) THIS appeal is filed by the State of Maharashtra seeking to quash and set aside the Judgment and order dated 6. 11. 1992 parsed by the Sessions Judge, Ratnagiri in Sessions Case No. 48 of 1992 acquitting the respondents (hereinafter referred as "accused Nos. 1 to 3" respectively) from the charge under Section 302 read with Section 34 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case are as under:

(3.) AFTER the case was committed to the Court of sessions the Trial Court framed the charge against the accused persons under Section 302 read with 34, Section 504 read with Section 34 and Section 506 read with section 34 of the Indian Penal Code. During the Trial, the prosecution examined as many as nine witnesses to prove its case. Amongst these, three were eye witnesses i. e. P. W. No. 5 - Laxmibai, P. W. No. 6 - Gangabai and P. M. No. 7 - Santosh. P. M. No. 2 Ramdas Chavan who was the Police Patil was examined by the prosecution to prove the extra judicial confession said to have been made by the accused Arjun at about 8. 00p. m. on 25. 12. 1991. P. M. No. 3 - Sudhakar Pandurang Chavan was examined as a panch on the joint recovery and the two panchanama of memorandum and discovery were proved through this nitness and exhibited as (Exh. 20) and exh. (20a) respectively, P. U. No. 4 Narooli woman dhamankar was examined 35 a panch witness in respect of the panchanama under which the clothes of the deceased were seized. P. w. No. 1 Dr. Subhash P. Jawalagikar was the doctor through whom the prosecution proved the post mortal notes. He was the sante doctor who had also examined injuries caused to P. W. No. 5 Laxmi. He proved injury certificate issued by him to P. W. No. 5 Laxmibai (Exh. l2 ). The prosecution also examined two investigating Officers i. e. P. N. Mo. 8 P. S. I. Bhaskar mhatre and P. W. No. 9 - Deputy Superintendent of Police anand Mandya. The orosecrution also proved the C. A. report (Exh. 40) and also other relevant documents.