(1.) This Appeal is filed by the State, challenging the Judgment and Order of acquittal dated 02.04.1996 passed by Additional Sessions Judge, Ahmednagar in Sessions Case No.172/1995, thereby acquitting the Respondent Accused for the offence punishable under Section 302 and 201 of the I.P. Code.
(2.) On 4th March, 1995 at about 9.20 hours one Santosh Shantilal lodged the Khabar to the Takali Dhokeshwar Police Outpost, contending therein that, Balasaheb Kashinath Shendage (accused) is the tenant of the complainant. While he was asleep, the accused came from the back door of his house, and told him that come to see what has happened in his rented premises. Thereafter, informant visited the house of the accused and found that, wife of the accused namely Urmila was lying in dead condition due to burning. There was a stove near her. He visited the Police Outpost Takali Dhokeshwar and lodged the khabar.
(3.) Since the offence is exclusively triable by the Sessions Court, the Judicial Magistrate First Class committed the case to the Sessions Court. After recording the findings and hearing the parties, the Trial Court acquitted the respondent accused. Hence, this Appeal is filed by the Appellant State.
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