STATE OF MAHARASHTRA Vs. NAMDEV NANA YAMGAR

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of acquittal passed by the learned II Additional Sessions Judge, Sangli in Sessions Case No.246 of 1995 on 30.12.1996 the State has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) WITH the assistance of the learned Public Prosecutor and the learned Advocate for the respondents we have scrutinized the entire evidence on and reappreciated the same.

(3.) IN this case the prosecution alleges formation of unlawful assembly and assault in pursuance of the common object of that unlawful assembly. But the entire evidence as led by prosecution falls miserably short of requirements of proving the unlawful assembly with common object. Merely because five or more persons have gathered together and an assault is alleged, it cannot be necessarily be inferred that the assault was the object of the assembly and therefore it was unlawful assembly and the assault was the common object. The evidence of the prosecution witness falls short in this regard.