STATE OF MAHARASHTRA Vs. KISAN MAHADEO KHUPKAR

JUDGEMENT

(1.) The appellant-State of Maharashtra has preferred this appeal against acquittal which is directed against the judgment and order dated 29.6.1993 passed by the Assistant Sessions Judge, Satara in Sessions Case No. 196 of 1991. By the said judgment and order, the learned Sessions Judge acquitted the respondents-original accused Nos. 1 to 4 of the offence under Sections 436 read with Section 34 of IPC and under Section 504 read with Section 34 of IPC. The prosecution case, briefly stated, is as under:

(2.) We have heard the learned A.P.P. for the Appellant-State and the learned advocate for the Respondents-accused. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the below mentioned reasons, we are of the opinion that there is no merit in the appeal and the appeal deserves to be dismissed.

(3.) According to the prosecution, there are four eye witnesses i.e. PW-2 Mukabai, PW-4 Nanda, PW-5 Mahadeo and PW-6 Laxman. According to Mukabai, on 28.9.1989 at about 8 p.m. all the respondents-accused came to her house and asked the inmates to go out. At that time, the respondents-accused asked Mukabai where her son Madhukar was, because, he had committed theft of their she-goats. Accordingly, she, her daughter in law Nanda and the children came out of their house. Thereafter, respondent No. 3 sprinkled kerosene on the house and respondent No. 1 set her house on fire.