STATE OF MAHARASHTRA Vs. SURESH RAMDAS BAXI

JUDGEMENT

(1.) Being aggrieved by the acquittal of the respondents of the offence of murder by the learned Additional Sessions Judge, Nagpur the State has preferred appeal and one Johar Baxi has preferred revision.

(2.) The facts which led to prosecution of the respondents are as under : Both the accused, victim Deepak Baxi and the witness are residents of Gaddigudam, Nagpur. On 18-06-1992 at about6. 30 a. m. there was a quarrel between accused and Deepak Baxi on account of filling water at a public water tap. This resulted in, accused Naresh catching hold of Deepak, and Suresh assaulting Deepak with an iron rod. Injured Deepak who fell unconscious was taken to Mayo Hospital, where he succumbed to his injuries on20th June, 1992.

(3.) We have heard Shri. Mirza, learned Additional Public Prosecutor for the State. None was present to represent the respondents-accused as also the revision petitioner. Hence, we proceeded to reappreciate the evidence with the assistance provided by Shri. Mirza, learned Addl. Public Prosecutor.