STATE OF MAHARASHTRA Vs. PANDURANG ANANDRAO MAHURE

JUDGEMENT

(1.) The State has challenged acquittal of the respondents recorded by the Additional Sessions Judge, Amravati for the offences punishable under Sections 302 and 193 read with Section 34 of the Penal Code and acquittal of original Accused No. 1 of the offences punishable under Sections 302, 193, 330, 201, 221, 167, 177 of the Penal Code. During pendency of the appeal respondent No. 1 P. S. I. Pandurang Mahure expired on12-07-2005, hence, the appeal as against him has abated.

(2.) The facts which led to prosecution of the two accused are as under : Victim Laxman Deshmukh was working as a contractor with Maharashtra State Electricity Board. He had been given a contract to lay lines at village Palaswada and had been provided with necessary equipment. Engineer-in-charge Shri. Pravin Deshmukh found that victim Laxman was taking more equipment than required and as the victim gave evasive replies, the Engineer-in-charge gave a report at Police Station, Benoda on24-07-1987 for misappropriation.

(3.) The learned Additional Sessions Judge, Amravati charged the accused of the offences punishable under Sections 302, 193, 339, 201, 221, 167, 177 read with Section 34 of the Penal Code. Both the accused pleaded not guilty and hence, were tried before the learned Judge. In its attempt to bring home the guilt of the accused the prosecution examined in all sixteen witnesses. Upon consideration of the evidence tendered by the prosecution, in light of the defence of denial raised by the original accused, the learned Additional Sessions Judge held that the charges were not proved and proceeded to acquit both the respondents. Aggrieved thereby the State has preferred this appeal.