STATE OF MAHARASHTRA Vs. VASANT BHAGWANJI AMBETKAR

JUDGEMENT

(1.) Taking exception to the acquittal of Respondent Nos. 1 and 2 by the learned Sessions Judge, Wardha, for the offence punishable under Section 307 read with Section 34 of the Penal Code, the State has preferred this appeal and the victim has preferred this revision petition.

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

(3.) The learned Judicial Magistrate, First Class committed the case to the Court of Sessions on finding that the accused allegedly committed offence punishable under Section 307 of the Penal Code triable exclusively by the Court of Sessions. Upon consideration of the material before him, the learned Sessions Judge, Wardha, charged both the respondents of offence punishable under Section 307 read with Section 34 of the Penal Code for having launched a murderous attack on Eknath. Both the accused pleaded not guilty and hence were tried before the learned Sessions Judge.