STATE OF MAHARASHTRA Vs. PANDURANG HIRAMAN TOBRE

JUDGEMENT

(1.) Being aggrieved by the acquittal of seven accused persons, by the learned Additional Sessions Judge, Akola, of the offences punishable under Sections 147, 148, 149, 302, 323 and 452 of the Penal Code, the State has appealed. The facts which led to the prosecution of the respondents are as under :

(2.) On 29-11-1990 deceased Vijay Pundlik Shirsat abused two relatives of the accused persons. Hence, all of them formed an unlawful assembly, armed themselves with weapons and charged at the house of Vijay. They assaulted him. The victims' mother immediately informed the police. The Police rushed to the spot and admitted the victim to Hospital. He succumbed to the injuries which had been inflicted by the accused before the police reached the spot. The victim's mother and wife too were assaulted by the accused when they attempted to rescue the victim. ON a report by the victim's wife Vandana an offence was registered.

(3.) Dr. Choudhari, who was examined as P.W.8, proved notes of Post Mortem at Exh.51. They show that there was an Elliptical incised wound on the left side of the chest extending to intercoastal muscle and upwards to the back of neck cutting left common carotid artery near its origin from the aorta. This ante-mortem injury had led to the death of the victim. DR. Choudhari, however, caused viscera to be preserved and blood samples of the victim to be taken. These blood samples were duly sent to the Forensic Science Laboratory by the Investigating Officer and the result of analysis at Exh. 73 shows that the blood contained 103 milligrammes of Ethyl alcohol per 100 milliliters indicating that the victim was substantially drunk at the time of his death.