STATE OF MAHARASHTRA Vs. MANOJ

JUDGEMENT

(1.) The prosecution i.e. State of Maharashtra, has preferred appeal under Sec. 378 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment and order dtd. 17/10/2007 passed by the Sessions Court, Wardha in Sessions Trial No.25/2006 whereby the Sessions Court was pleased to acquit the respondents for the offence punishable under Sec. 307 read with Sec. 34 of Indian Penal Code (IPC).

(2.) Briefly stated, the facts are as under:

(3.) The investigation was taken up, statement of witnesses recorded, weapon of assault recovered, clothes of injured and respondents collected, seized articles were sent to Forensic Science Laboratory (FSL) and after completing investigation, charge-sheet was filed against both the respondents for the offence punishable under Sec. 307 read with Sec. 34 of IPC. The respondents pleaded not guilty. The prosecution examined in all 13 witnesses. The defence of the respondents is of total denial. The trial Court found that the evidence led not convincing. It also noted certain lapses in the investigation like delay in recording statement, lack of independent witness, doubtful seizure of gupti etc. and, accordingly, acquitted the respondents. The said finding is challenged before us.