STATE OF MAHARASHTRA Vs. ASHOK SUKHDEO RAUT

JUDGEMENT

(1.) This appeal by the State challenging acquittal of all the accused arraigned before the learned Sessions Judge, Buldhana in Sessions Trial No. 50/94 was admitted only against the original accused no.1 Ashok Sukhdeo Raut the sole respondent before us.

(2.) The facts which led to the prosecution of the respondent along with three others are as under : Victim Ashok Deshmukh has a farm adjacent to the land of accused No. 2 Subhash Deokar and accused No. 3 Namdeo. Namdeo used to irrigate crop in his field from the well in the field of deceased Ashok Deshmukh, for which he had compensated Ashok Deshmukh in grain. This arrangement led to quarrels. Accused No. 2 Subhash had cultivated land of Ashok's brother on lease basis, and irrigation of crop in that land from the well in the field of victim Ashok Deshmukh had created problems. Respondent Ashok Raut had beaten victim Ashok Deshmukh, resulting in Ashok Deshmukh giving report to the police in the past. On the evening of 30-03-1994 the four accused persons assaulted victim Ashok Deshmukh. Ashok Deshmukh died on account of injuries sustained in the assault. His wife gave a report.

(3.) The prosecution examined in all eleven witnesses in its attempt to bring home the guilt of the accused who had taken the defence of denial. Upon consideration of the prosecution evidence, in the light of defence raised by the accused, the learned Sessions Judge, held that charges were not proved and proceeded to acquit all the accused. Aggrieved thereby the State has preferred this appeal, which was admitted by this Court only against respondent No. 1 Ashok Sukhdeo Raut by order dated16-10-1996.