STATE OF MAHARASHTRA Vs. DEVAPPA SIDAPPA KAMBALE

JUDGEMENT

(1.) CRIMINAL Appeal No. 520 of 1987 is filed by the State, seeking to quash and set aside the judgment and order passed by the Sessions Judge, Kolhapur on 22-1-1987 in Sessions Case No. 4 of 1986. The criminal Revision Application No. 168 of 1987 has Been preferred by the original complainant Yashwant Sidgonda Patil against the same judgment and order. By the impugned judgment and order, the Sessions Judge acquitted the accused of all the charges levelled against them.

(2.) THE brief facts of the prosecution case as appear from record are as under :-

(3.) ON the accused being committed to the Court of Sessions Kolhapur, on 27-10-1986, the Sessions Judge, Kolhapur framed the charge. The accused were charged for offences under sections 447, 147, 148, 149 and section 302 read with section 34 of I. P. C. and section 307 read with section 34 I. P. C. In the alternative accused Nos. 1 to 5 were also charged for offences under section 307 simpliciter of the I. P. C. and alternatively under section 324 of I. P. C. There was a separate charge against accused No. 2 under section 302 of the penal Code namely for causing the death of Suresh.