STATE OF MAHARASHTRA Vs. DEOMAN NAMDEO KHANDARE

JUDGEMENT

(1.) Vexed by the acquittal of ten respondents by the learned Additional Sessions Judge, Akola for the offences punishable under Sections 147, 148, 302 read with 149 of the Penal Code the State has preferred this appeal.

(2.) Facts which led to prosecution of the respondents are as under : - All the respondents as well as complainant and his family members are related to each other. They all stay in the Village-Dahigaon (Gawande ). On 08-08-1994 at about12. 00 noon all the ten accused started assaulting Sukhdeo Bedaji Khandare by sticks, iron pipe, sword and axes. One D. N. Khandare, standing nearby, was provoking the respondents to beat the victim. The victim sustained severe injuries. His brother Ramesh rushed to the Police Station, gave a report at Police Station, Borgaon Manju whereupon an offence was registered. The Police party immediately went to Dahigaon, picked up victim Sukhdeo and shifted him to Hospital. However, the victim succumbed to his injuries in the hospital at about8. 45 p. m.

(3.) We have heard Adv. Mujumdar, learned Addl. Public Prosecutor for the State. None was present on behalf of the respondents, though the respondents had been duly served. Adv. Bhat as appointed to represent the respondents was not available. Hence, with the able assistance of Adv. Mujumdar, learned Addl. Public Prosecutor, we have examined the entire evidence on record of the trial Court to find out whether the conclusion drawn by the learned trial Judge were warranted by the evidence or not.