STATE OF MAHARASHTRA Vs. PRADIP RATNAKAR THAKUR

JUDGEMENT

(1.) This appeal by State takes exception to respondent no. 1 to 6's acquittal for offences punishable under sections 147, 148, 302, 307 read with section 34 or section 149 of the Penal Code and Section 354 read with section 34 of the Penal Code recorded by the learned Additional sessions Judge, Thane in Sessions Case No. 255/95 before him.

(2.) Facts which led to the prosecution of respondents could be briefly stated as under: -

(3.) On 17th May, 1994 at about 7.30 p. m. when victim Suresh was at his house , accused Nos. 1 - Pradeep and 2- Manoj called him out. Accordingly, the victim went out of his house. His daughter Vaishali followed her father. Vaishali's cries that her father was being beaten led her mother complainant - Narmada outside the house. She saw accused No. 3 Ganpat armed with axe accused No. 4 Kisan armed with stick, accused Nos. 1, 2 and 6 Pradeep, manoj and Vasant armed with sickles, and accused No. 5 Bhaskar armed with bar assaulting Suresh mercilessly. Narmada went to her husband's rescue but was hit on head by accused No. 3 Ganpat. When she ran towards her house accused No. 3 Ganpat and accused No. 5 Bhaskar chased her. Accused no. 5 Bhaskar tore her blouse. Narmada fell down and the accused persons went away. Victim's daughter Vaishali informed neighbour Vimal. Vimal and her husband Jagannath rushed to the spot and took the victim and his wife to Kapurbawdi Police Station. On a report given by Narmada an offence was registered and investigation commenced. In course of investigation the police performed inquest on the dead body of Suresh and caused it to be sent for post-mortem examination. Statements of witnesses were recorded. Accused persons were arrested. Blood stained clothes were seized. Recovery of weapons at the instance of the accused was made Property seized was sent to Forensic Science Laboratory. Upon receipt of reports from the Laboratory charge-sheet was sent to the learned J. M. F. C. , Thane, who committed the case to Court of Session on finding that the accused had committed an offence triable exclusively by Court of Session.