THE STATE OF MAHARASHTRA Vs. KISAN NIVRUTTI CHOUDHARI

JUDGEMENT

(1.) This appeal has been filed by the appellant/State questioning the acquittal of original accused nos. 1,2 and 3. As per the death certificate of original accused no.1Kisan Nivrutti Choudhari since he is expired this appeal is dismissed as against respondent no.1/original accused no.1. Mr.Kate learned counsel for the respondents has tendered before us the death certificate of original accused no.4Nivrutti Vishnu Choudhari. The said death certificate is taken on record and marked 'X' for the purpose of identification. As per the said death certificate the original accused no.4 Nivrutti Vishnu Choudhari expired on 23rd September, 2005. This appeal is therefore, dismissed as abated as against respondent no.4/original accused no.4.

(2.) We have heard learned APP with whose assistance, we have perused the depositions of the witnesses and have also examined the findings recorded by the trial Court. The trial Court has convicted original accused no.1 for the offence punishable under section 302 of the Indian penal code and has sentenced him to imprisonment for life and to pay a fine of Rs.500/. The appeal filed by the original accused no.1Kisan Nivrutti Choudhari is dismissed by us as abated. The trial Court acquitted original accused no.2 Prabhakar Nivrutti Choudhari, accused no.3Mohan Nivrutti Choudhari and accused no.4Nivrutti Vishnu Choudhari. The State therefore, being aggrieved by the acquittal of these respondents, has filed the present appeal questioning the acquittal of original accused nos.2 and 3 and acquittal of original accused no.1 for the offence punishable under section 325 of the Indian Penal Code.

(3.) As per the trial Court, though the eye witnesses to the incident had categorically deposed that the deceased Dattatray was assaulted by all the accused, the trial Court gave benefit of doubt to the original accused nos.2,3 and 4 on the ground that the medical evidence contradicted the ocular version of the witnesses. The post mortem evidence in respect of the injuries sustained by the deceased Dattatray indicated the following four incised wounds: