STATE OF MAHARASHTRA Vs. PATRU SURYABHAN PASARE

JUDGEMENT

(1.) Taking exception to the respondent's acquittal recorded by the learned Additional Sessions Judge, Chandrapur, for offences punishable under sections 147, 148, 447, 302 read with section149 and 302 read with section114 of the Penal Code, the State has preferred this appeal.

(2.) The facts which led to the prosecution of the respondents are as under : Victim Vithoba Dhondiba Deshkar had gone with labourers to his field on20-07-1988 for weeding operation. THE accused persons assaulted Vithoba with axes and other weapons and inflicted severe injuries on him. His wife Babybai gave a report to the police, whereupon offence was registered. Police came to the spot, saw the dead body of Vithoba, conducted the panchanama of spot and inquest, sent dead body for Post-Mortem examination and recorded statements of witnesses. In course of investigation, police arrested respondents, seized their clothes, interrogated them, effected seizure of incriminating articles, and on completion of investigation, sent charge-sheet to the learned Judicial Magistrate First Class, Chandrapur, who committed the case to the Court of Sessions at Chandrapur.

(3.) We have heard Advocate Kankale, the learned Additional Public Prosecutor for the State and Advocate Shri. Anil S. Mardikar for the respondents/accused. With the help of both the learned counsel we have examined the evidence on record in order to find out whether the acquittal of the respondents could be reversed on the grounds made in the memo of appeal and expounded by the learned A. P. P. before us.