THE STATE OF MAHARASHTRA Vs. SHRIPATI RAMA KANASE

JUDGEMENT

(1.) This appeal is preferred by the Appellant -State of Maharashtra under Section 378(1) and 377(1) of Code of Criminal Procedure, 1973 ('Code'). The Appellant had challenged the judgment and order of acquittal passed by learned Second Additional Sessions Judge, Kolhapur in Sessions Case No.212 of 1996. The Appellant also seeks enhancement of the sentence awarded by the said Court in the aforesaid judgment.

(2.) Respondents were prosecuted for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 ('IPC') and they were tried before the Court of Second Additional Sessions Judge, at Kolhapur, vide Sessions Case No.212 of 1996.

(3.) Brief facts of the prosecution case are as follows :