STATE OF MAHARASHTRA Vs. MARUTI BUDHAJI BHOPI

JUDGEMENT

(1.) This is an appeal by the State challenging acquittal of the respondents by the learned IInd Additional Sessions Judge, Raigad at Alibag.

(2.) Respondents were arraigned before the Court of Sessions at Raigad for allegedly rioting and committing offences of murder, criminal intimidation, and possessing arms as members of unlawful assembly punishable tinder sections 302 and 506 read with Section 149 of Indian Penal Code, section 37 (1) read with section 135 of the Bombay Police Act, section 25 (C) of the indian Arms Act and sections 143, 147 and 148 of Indian Penal Code.

(3.) The prosecution arose out of the incident which led to the death of one arjun Gharu Patil on 24th October, 1993 at village Kudave, Taluka-Panvel, district Raigad, Village Kudave had two rival groups, one of Patil's and the other of Bhopi's. About five years prior to the incident, one Pandurang Narayan bhopi was murdered. Arjun Gharu Patil, along with some others, was tried for the said murder but was acquitted.