(1.) Taking exception to respondent's acquittal by the learned Additional Sessions Judge, Washim, for offences punishable under sections 302 and 324 of the Penal Code, the State has appealed.
(2.) The facts which led to the prosecution of the respondent could be briefly stated as under :-On 28-6-1992 at about 12 noon at Village Sonda, Taluka Washim, District akola, respondent/original accused Vitthal was cutting the branches of Dhawda tree. Victim Sakharam asked the accused to stop the cutting of the branches. The accused was infuriated and hit Sakharam with a stick on head and left side of abdomen. Kisan and Namdeo rescued Sakharam. Sakharam's son Jagan took sakharam to Police Station Ansing where Sakharam gave a report. He was referred for medical examination and an offence punishable under section 324 of the Penal Code was registered. Sakharam was to be shifted to Civil Hospital, akola, but before he could be shifted, he succumbed to his injuries.
(3.) After performing inquest, the police caused a post-mortem to be conducted on the dead body of Sakharam. The police performed panchanama of spot, seized incriminating articles, recorded statements of witnesses and on completion of investigation, chargesheeted the accused.