STATE OF MAHARASHTRA Vs. ARJUN NARAYAN SHIRSALE

JUDGEMENT

(1.) Heard both sides. Aggrieved by the judgment and order passed by learned IIIrd Addl. Sessions Judge, Jalgaon dated 16th March, 1994 in Sessions Case No. 116 of 1993 recording acquittal of all the accused i.e. present respondents, for the offences punishable under Section 302 read with 34 of Indian Penal Code, the State has preferred present appeal.

(2.) During pendency of the present appeal, the appellant - State filed the Death Certificates as well as the police reports, which would show that respondent No. 1 - Arjun Narayan Shirsale and respondent No. 3 - Champu Moti Sapke have died. The appeal is, therefore, survived only to the extent of respondent No. 2 - Suresh Dhondu Shinde (Panchal). Besides these respondents, one more accused namely, Narayan Keshav Shirsale was arrayed as accused No. 1. The allegations against him were of abetting commission of the offence by giving certain direction at the time of the incident. Though he is acquitted, it appears that no appeal is filed against the said acquittal. Present deceased respondent No. 1 - Arjun was accused No. 2; the surviving respondent No. 2 - Suresh was accused No. 3; and deceased respondent No. 3 - Champu was accused No. 4 before the learned Sessions Court. For the sake of convenience, these respondents would be referred as accused, as termed in the Sessions Court.

(3.) The prosecution case, in short, is as under:-