STATE OF MAHARASHTRA Vs. JAYANT NAMDEORAO TARHALE

JUDGEMENT

(1.) Taking exception to the respondents' acquittal by the learned Additional Sessions Judge, Akola, for offences punishable under Sections 302 and 330 read with Section34 of the Penal Code, the State has preferred this appeal and the victim's widow has preferred this revision.

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

(3.) The learned Additional Sessions Judge to whom the case was made over, charged the accused of offences punishable under Sections 302 and 330 read with Section34 of the Penal Code. All the accused pleaded not guilty and hence were tried before the learned Additional Sessions Judge. At the trial, the prosecution examined in all 14 witnesses in its attempt to bring home the guilt of the accused. THE defence of the accused is that though Sheikh Kalu was apprehended by them, he was left in charge if the driver of the jeep and that he had moved away on his own. Later on, search revealed that Sheikh Kalu was in a pit in a jungle in the said forest and was picked up and lodged in Civil Hospital, Akola, where he succumbed to his injuries. THErefore, according to them, they had not inflicted any injury on Sheikh Kalu after he was apprehended. THEy state that when Sheikh Kalu assaulted respondent Raghuwanshi and others with a knife respondent No. 2, 3 and 4 had retaliated and beaten up Sheikh Kalu with sticks and then he was taken to the Range Forest Office. Upon consideration of the prosecution evidence in the light of the defence raised, the learned Additional Sessions Judge came to acquit all the four respondents.