STATE OF MAHARASHTRA Vs. ASHOKSINGH BALARAMSINGH CHAVAN

JUDGEMENT

(1.) The State has preferred this appeal against the acquittal of the respondents for the offences punishable under sections 302, 325 read with section 34 of I. P. C. by 3rd Additional Sessions judge, Akola, in Sessions Trial Nos. 78/ 2002 and 159/2002 by common judgment dated 31-3-2003.

(2.) There are two sets of the accused persons. The first set is original accused Nos. 1, 2, 3 (respondents No. 1 to 3) who are the watchmen in Birla Oil Industries, Akola and accused No. 10 Shafakat Hussain is the owner of the Godown situated in Birla Oil industries, Akola. Accused Nos. 4 to 9 and 11 to 17 are the police personnel who were attached to Ramdaspeth Police Station, akola at the relevant time. The trial against accused No. 13 A. S. I. Ingle abated because of his death whereas the State has not preferred appeal against acquittal of accused no. 10 Shafakat Hussain.

(3.) The prosecution against the Police Officials arose out of the judgement by Division Bench of this Court in (Criminal Writ petition No. 277/2000) , decided on 17-9-2001 directing the State Government to prosecute the Police Personnel who are responsible for the death of Suresh Fattuji gedam while in Police Lock up. A brief narration of the facts is necessary in order to appreciate the controversy.