STATE OF MAHARASHTRA Vs. VITTHAL AND ORS.

JUDGEMENT

(1.) This appeal is preferred by the State of Maharashtra against the judgment dated 21 -10 -2000 passed by the learned Sessions Judge, Nagpur in Sessions Trial No. 500/1999. By this judgment and order, respondents/accused Nos. 1 to 11 are acquitted of the offence punishable under Ss. 302, 120 -B of the Indian Penal Code and accused Nos. 1, 4, 7 and 9 are also acquitted of the offence punishable under Ss. 3, 5, 25 read with Sec. 27 of the Indian Arms Act.

(2.) In brief, it is the case of prosecution that deceased Balasaheb Agne and accused No. 1 Vitthal Balpande were not having cordial relations since prior to the incident which took place on 12 -1 -1999 at about 9.00 to 9.15 p.m. as sometime in the year 1992, said accused Vitthal had fired bullet -shot at the deceased of which prosecution was still pending at the time of trial out of which present appeal arises. It is also the case of prosecution that accused No. 1, Vitthal had earlier attempted to do away with deceased on hiring contract killers as prior to the incident, sometime in 1998, one Sahebkhan and Ayub had told about such plan to P.W. 9 Shaikh Ilai to whom Sahebkhan had made available one country -made pistol and paid Rs. 5,000/ - and he had then went to the office of accused No. 1. However, P.W. 9 thereafter absconded from Nagpur. Accused Nos. 2, 3 and 6 namely Pravin, Ganesh and Manoj are sons of accused No. 1 while accused No. 4 Gangabai is his daughter, who according to the case of prosecution along with other accused entered into criminal conspiracy and in pursuance to it, accused No. 7 Sunil, accused No. 8 Pukharaj and accused No. 9 Subhash came to be engaged as hired contract killers, who arrived in Nagpur on 10 -1 -1999 and stayed in Yatri Niwas Lodge in room No. 11 under the false name as Ashok Agnihotri, Sunil Kukreja and Subhash Kukreja, who were thereafter contacted by sons of accused No. 1 in this hotel room.

(3.) It is further case of prosecution that on 12 -1 -1999 at about 9.00 to 9.15 p.m., accused No. 7 Sunil, accused No. 8 Pukharaj and accused No. 9 Subhash visited house of deceased Balasaheb Agne, who arrived in his car. After he alighted, said three accused spoke to him and were accordingly asked to come up -stairs by the deceased. At that time, P.W. 1 Suman, wife of deceased was watching through the window and in short time, she heard the shot of bullet and came out of the house and found that deceased was lying in the pool of blood, while the assailants had fled away from the spot.