RAJU LAXMAN PARDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 282/2003 was filed by the State of Maharashtra, against the judgment of acquittal for an offence punishable under Section 302, 307, 147, 148 read with Section 149 of the Indian Penal Code in favour of the original accused Nos. 2 to 5 while Criminal Appeal No. 131/2003 was filed by the appellant-Raju Laxman Pardhe, who alone was convicted by the same judgment i.e. dated 28.01.2003 passed by Additional Sessions Judge, Amravati in Sessions Case No. 22/1994, by which he was convicted for an offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/-.

(2.) In support of Criminal Appeal No. 282/2003, preferred by the State, the learned A.P.P. for the State vehemently argued that the trial Judge erred in acquitting other accused persons except convicting accused No. 1 Raju. He submitted that there is perverse appreciation of evidence in doing so. He submitted that the finding of trial Judge for acquitting the other accused persons is clearly faulty, perverse and, therefore, the judgment of acquittal should be reversed.

(3.) We have considered the submissions made by the learned counsel for the rival parties. We have seen the reasons recorded by the trial Judge for recording acquittal of other accused persons except Raju. We agree with the reasons recorded by the trail Judge for acquitting other accused persons except Raju. We quote reasons recorded by the learned trial Judge in paragraphs 37, 38, 39 and 40 of the judgment, which are as under: