PREMNATH Vs. BABURAO AND ORS.

JUDGEMENT

(1.) HEARD Adv. Mr. A.M. Gholap for the revision applicant, Adv. Mr. S.S. Choudhari for respondent nos.1 to 4 and the learned APP for respondent no.6 -State. None for respondent no.5 though served.

(2.) THE applicant herein happens to be the original complainant in Sessions Case No. 6 of 2002. The respondent nos.1 to 5 herein were charged for the offence punishable under Section 120B, 302, read with Section 34, of the Indian Penal Code, for causing homicidal death of Keshav s/o. Madhavrao Jadhav. The learned Ad hoc Additional Sessions Judge, Nilanga, vide judgment and order dated 10th January 2003, was pleased to acquit all the accused of the charges levelled against them. Hence, this revision by the original complainant.

(3.) THE prosecution has examined in all 17 witnesses to bring home the guilt of the accused. Upon perusal of the evidence adduced by the prosecution, the learned Ad hoc Additional Sessions Judge had arrived at a conclusion that the prosecution has failed to prove the guilt of the accused beyond reasonable doubt. The authorship of the injuries sustained by Keshav was not established. In the course of investigation, the weapon with which Keshav was assaulted, was not seized at the instance of the accused persons under Section 27 of the Evidence Act. Hence, the learned Ad hoc Additional Sessions Judge has acquitted all the accused persons for want of substantive evidence.