THE STATE OF MAHARASHTRA Vs. SURENDRA RAMCHANDRA MESTRI

JUDGEMENT

(1.) This Appeal is preferred by the State challenging acquittal of the Respondent for the offence punishable under Section 302 of the IPC, as recorded by the Additional Sessions Judge, Sawantwadi, vide his Judgment and Order dated 18th May, 1994 in Sessions Case No.32 of 1993.

(2.) Brief facts of the Appeal are stated as follows :-

(3.) Co-incidentally, at that time, PW-11 PSI Vijay Band had also come to the said locality in connection with Bandobast of Holi festival. On hearing the shouts and commotions, he also came to the spot and found Dilip lying in injured and unconscious condition on the ota of the house. PW-11 PSI Band put Dilip in his Jeep. Dilip's father PW-5 Balkrishna also accompanied Dilip. They were taken to Malvan Municipal Hospital, where Dilip was declared dead. From the hospital, PW-5 Balkrishna came to the Police Station, where his complaint came to be recorded by PW- 13 PSI Laxman Sariputra. On his complaint (Exhibit-34), C.R. No.48 of 1993 was registered against the Respondent. After the Inquest Panchanama (Exhibit-18), body was sent for autopsy. The Postmortem Report (Exhibit-20) disclosed the cause of death as "hemorrhagic shock due to injuries to lungs, heart and liver".