STATE OF MAHARASHTRA Vs. PRALHAD MARUTI RANKHAMB

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 16th September, 1995 passed by the II Additional Sessions Judge, Osmanabad in Sessions Case No.23 of 1993, thereby acquitting the respondents / accused of the offences punishable under Section 302 r.w. 34 of IPC, the State has filed this appeal.

(2.) The prosecution case, in brief, is as follows: The complainant Shahaji Vithal Sasture, son of the deceased Vithal Sasture had filed complaint. Manohar, Yuvraj and Shivaji are brothers of this witness. Complainant's brother Manohar was married with one Vijayabai daughter of Pandurang Rankhamb from the village Kaddora i.e. village of the complainant. Vijayabai had no brother or sister. Her father was having 6 acres 30 gunthas land. Out of which, he sold 4 acres land to Manohar. Accused are cousin brothers of Vijayabai.

(3.) After appearance of the accused before the Sessions Court, charge was framed against them u/s 302 r.w. 34 of IPC. They denied the charge and prayed for trial. During trial, prosecution examined in all 8 witnesses. Statement of accused u/s 313 of Cr.P.C. was recorded. In their defence, accused examined one witness.