STATE OF MAHARASHTRA Vs. BASAPPA UMANNA BIRAJDAR

JUDGEMENT

(1.) SINCE both Criminal Appeal No. 227 of 1983 and Criminal Revision No. 418 of 1982 arise out of the same set of facts and a common impugned judgment, we are disposing them off by one Judgment.

(2.) A perverse judgment of acquittal dated 30th August 1982 passed by the Additional Sessions Judge, Solapur, in Sessions Case No. 74 of 1982 acquitting the respondents for offences punishable under sections 302 r/w 34, 396 and 397 of the Indian Penal Code, has prompted the State of Maharashtra to file an appeal under section 378 (1) of the Code of Criminal Procedure. The same consideration has also prompted the original complainant to file Criminal Revision No. 418 of 1982.

(3.) BRIEFLY stated, the prosecution case, as it emerges from the statements of the three eye-witnesses of the incident namely Shrishail Sidappa Birajdar, Dhanavva Sidappa Birajdar and Parshuram Bhimappa Nagnur alias Ramu, P. Ws. 2, 4 and 9 respectively, runs as under : (