STATE OF MAHARASHTRA Vs. DAGDOO SHIVRAM MANDAVKER

JUDGEMENT

(1.) Four accused were placed before the learned Additional Sessions Judge, Greater Bombay, for trial for offences under Section 148 Penal Code, and under Section 325 read with Section 149, I. P. C., and under Section 302 read with Section 149, I. P. C. The case was tried before the learned Sessions Judge with the aid of a special jury. The special jury brought in a unanimous verdict of not guilty against all the four accused. The learned Judge accepted the verdict of the jury and acquitted- all the accused, The State of Bombay has preferred an appeal to this Court against the order of acquittal passed by the learned Sessions Judge.

(2.) As we propose to direct a retrial in this case, we do not desire to make any observations which might prejudice the accused at the retrial for the offences with which they were charged before the learned Additional Sessions Judge and have been acquitted.

(3.) The charge against the four accused was that on 6-9-1954 they and One Shankar Ram-chandra formed an unlawful assembly and in prosecution of the common object of that unlawful assembly, viz,, to cause hurt to Kotya Shivram Javlekar and Ramchandra Kashinath, committed the offence of rioting and thereby committed an offence punishable under Section 147, Penal Code and that as at the time of the commission of the offence of rioting the first accused was armed with a sword the second accused was armed with knife the third accused was armed with an axe and the fourth accused was armed with a bamboo slick they committed an offence punishable under Section 148, I. P. C.