STATE OF MAHARASHTRA Vs. NITIN MAHADEO KAVADKAR

JUDGEMENT

(1.) This judgment disposes of appeal against acquittal filed by the State and revision preferred by the original complainant against the judgment of acquittal rendered by the learned Second Additional Sessions Judge, Alibag.

(2.) Facts which led to prosecution of respondents could be, briefly, stated as under:-Bhiku Sakharam Kharate, father of deceased Shekhar and injured Nitin runs Mutton Shops at Ambernath and Neral. On 3/7/1992, after closing their business, Bhiku's sons were proceedings towards Jayhind Naka at Neral and told their father accordingly, when the latter was sitting in a Barber's shop. Both Shekhar and Nitin went to Vasant Bhojanalaya and Beer Bar opposite Railway Station at Neral. When they were coming out of the hotel, a quarrel on account of accused No. 2's slapping Nitin erupted but was subsided due to intervention of hotel owner Pappu. When both, Shekhar and Nitin came out of the hotel, accused Nos. 1 to 6 surrounded them and accused No. 1 gave a blow by sword on the right shoulder of Shekhar. Accused No. 2 Vilas sought to give another blow of a sword to Shekhar but Nitin Kharate intervened. Accused No. 2 then gave a blow by sword to Nitin, injuring Nitin. Accused No. 1 stabbed Nitin on his back with sword. On victims raising cries, people were attracted and the accused persons ran away in different directions.

(3.) In course of trial, prosecution examined as many as 22 witnesses. The learned Additional Sessions Judge examined the accused at the end of the trial and upon consideration of prosecution evidence, in light of defence, held that the charges were not proved. He, therefore, acquitted all the accused. Aggrieved thereby, this appeal and revision have been filed.