STATE OF MAHARASHTRA Vs. NAGORAO

JUDGEMENT

(1.) State is intending to question the judgment and order of acquittal dtd. 28/5/2018 passed by learned Additional Sessions Judge, Nanded in Criminal Appeal No. 54 of 2016 acquitting respondents from offence under Ss. 147, 325 r/w 149 of the Indian Penal Code [IPC].

(2.) According to learned APP, present respondents were chargesheeted and tried for commission of offence punishable under Ss. 147, 148, 325, 504, 506 r/w 149 of IPC and for offence under Sec. 135 of the Maharashtra Police Act. He further submitted that, accused persons were made face trial vide R.C.C. No. 128 of 2010 and learned JMFC, Hadgaon, on complete appreciation of oral and documentary evidence adduced by the prosecution, had recorded conviction for offence under Ss. 147, 325 r/w 149 of IPC. That, against said order of conviction dtd. 16/8/2016, accused respondents preferred appeal before learned Additional Sessions Judge, Nanded by filing Criminal Appeal No. 54 of 2016. However, learned appellate court overturned the judgment and order of conviction and acquitted all accused from all charges.

(3.) According to learned APP, there is improper appreciation of evidence. There was eye witness account, injured witness account as well as medical witness account and therefore, learned JMFC had correctly appreciated such evidence and had recorded guilt by assigning sound reasons. On the contrary, learned Additional Sessions Judge took a very contrary view and acquitted all accused. Therefore, State intends to question said judgment and order passed by learned Additional Sessions Judge and hence he seeks leave.