THE STATE OF MAHARASHTRA Vs. KAILAS

JUDGEMENT

(1.) This appeal is preferred by the State, challenging the acquittal of the respondent, for the offences punishable under Sections 147, 148, 302, 326 read with Section 149 of the Indian Penal Code, by judgment and order dated 21.12.2010, in Sessions Case No. 32 of 2007, by the Additional Sessions Judge, Kalyan. Brief facts, as are necessary for deciding this appeal, may be stated as under:-

(2.) On her complaint C.R. No. 150 of 2002 came to be registered. During the course of investigation, statements of witnesses were recorded. The postmortem report of deceased Bharat and injury certificate of P.W.3 Ajay were collected. The seized Muddemal Articles from the spot of incident, like blood stained clothes and handle of the sword, were sent to the Chemical Analyzer and further to completion of investigation, initially chargesheet was filed against the only arrested accused namely, Bhupinder Singh. Subsequent thereto, the present respondent came to be arrested by P.W.7 API Aher on 17.9.2006 and against him supplementary chargesheet is filed in the Court.

(3.) On committal of the case to the Sessions Court, trial Court framed charge against respondent vide Exh.9. Respondent pleaded not guilty and claimed trial.