STATE OF MAHARASHTRA Vs. MAROTI SHIVAJI SAKARAGE

JUDGEMENT

(1.) Being aggrieved by respondents' acquittal by the learned Additional Sessions Judge, Pusad for an offence of murder, the State has preferred the present appeal.

(2.) The facts which led to the prosecution of four respondents are as under : - Deceased Anandrao was married to P. W. No. 4 Kashibai. Accused No. 1 Maroti, Accused No. 2 Namdeo, Accused No. 4 Bapurao are cousins of Kashibai and Accused No. 3 Ganpat is her uncle. Kashibai had a younger sister by name Suwarnamala who died by drowning after she was married. Accused Nos. 1 to 4 killed Anandrao on5-4-1989 in the village Krishnapur by inflicting blows by an axe and sticks. Anandrao was lying in injured condition and was spotted by his relatives who took him to police out post, and then to Dr. Chinnawar, who pronounced Anandrao dead.

(3.) We have heard Advocate Sonak, the learned Additional Public Prosecutor for the State and Advocate Shri. Gupta for the respondents/accused. With the help of both the learned counsel we have gone through the entire evidence in order to find out whether the learned trial judge erred in concluding that the guilt of respondents was not proved.