THE STATE OF MAHARASHTRA Vs. LALA AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred by the State of Maharashtra under the provisions of Section 378(3) of the Code of Criminal Procedure against the judgment and order of acquittal passed by the Sessions Judge, Akola, in Sessions Trial No. 75 of 2003 on 29th of July, 2003, whereby accused/respondents Nos. 1 and 2 are acquitted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(2.) IN Brief, it is the case of prosecution that deceased Balkrishna Ahir was brother of PW 1 Purushottam, the complainant, who was running a hotel. On 10th of January, 2003 he was informed by his mother that PW 2 Wasudeo had informed her that at around 12.00 noon when he along with deceased Balkrishna were returning home, Balkrishna was assaulted by two persons by fist blows and since then his whereabouts were not known. On the basis of said information PW 1 Purushottam, therefore, visited the house of PW 2 Wasudeo to secure more information when he was informed that while he along with the deceased were returning on bicycle after purchasing the vegetable, accused No. 2 Bhurya Pahelwan and one unknown person intercepted them on way and called Balkrishna. When he went to accused No. 2, PW 2 Wasudeo stood at some distance while on reaching near accused No. 2 deceased was assaulted by fist blows by accused No. 2 and one unknown person and thus Balkrishna returned back to PW 2 Wasudeo and both of them hurriedly proceeded further on the bicycle, however, they were chased by accused No. 2 and his associate on Luna Moped. On the way, deceased was compelled to alight from the bicycle. To save himself, deceased ran towards Balode lay -out who was followed by accused No. 2 and one other, however PW 2 Wasudeo is not aware as to what happened thereafter. PW 2 Wasudeo then returned back to his house and at about 4 p.m. visited house of Balkrishna and gave information of above incident to his mother which was accordingly given by her to PW 1 Purushottam, complainant.

(3.) CHARGE was framed against both the accused vide Exch. 8 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code to which they pleaded not guilty and claimed to be tried.