STATE OF MAHARASHTRA Vs. PUNDLIK MAROTRAO SABALE

JUDGEMENT

(1.) Taking exception to the respondents acquittal recorded by the learned Additional Sessions Judge, Amravati, for offence punishable under Section 302 of the Penal Code, the State has preferred this appeal.

(2.) Facts, which led to prosecution of the respondent, are as under :

(3.) The learned Additional Sessions Judge, Amravati, to whom the case was assigned, charged the respondent of offence punishable under Section 302 of the Penal Code. Respondent Pundlik pleaded not guilty and hence was tried before the learned Additional Sessions Judge. THE prosecution examined in all 9 witnesses in its attempt to bring home the guilt of the accused. It was the defence of the accused that he saw Rameshwar lying in a pool of blood with his brother Namdeo standing by the side of Rameshwar. Namdeo ran away with some weapon. He stated that the witnesses have falsely implicated him in the case. Upon consideration of the prosecution evidence in the light of defence taken, the learned Additional Sessions Judge came to hold that the charge was not proved and proceeded to acquit the respondent/accused. Aggrieved thereby, this appeal has been filed by the State.