STATE OF MAHARASHTRA Vs. BHAIRAVNATH MAHADEO SHILIMKAR

JUDGEMENT

(1.) BY means of this appeal, preferred under section 378 (1) of Cr. P. C. the appellant has impugned the Judgment dated 25-8-1983 passed by the Additional Sessions Judge, Pune in Sessions Case No. 89 of 1983, acquitting the respondents for offences punishable under sections 302, in the alternative under section 302 r/w 34 I. P. C. and 201 , in the alternative under section 201 r/w 34 I. P. C.

(2.) BRIEFLY stated the prosecution case runs as under :-

(3.) THE F. I. R. of the incident was lodged by one Balkrishna P. W. 2 at 11. 30 p. m. on 7-1-1983 at Velha Police Station. It was recorded by Police Jamadar Shriram Udas, P. W. 6. On its basis, a case under section 302 I. P. C. was registered. Immediately after registering the F. I. R. , Police Jamadar Udas accompanied by Balkrishna and some others visited the place of the incident, reaching there at 2 a. m. On the following morning, he prepared the inquest panchanama Exh. 10 and sent the dead body for autopsy. Thereafter, he prepared panchanama of the scene of the offence, Exhibit 11. He attached the rope under a panchanama. The said rope was tied on the mango tree.