STATE OF MAHARASHTRA Vs. SUBHASH SAMPAT PATIL

JUDGEMENT

(1.) THIS is an appeal filed by the State of Maharashtra against the judgment and order dated 7th April 1983 in S.C. No.8 of 1983 on the file of the Additional Sessions Judge Sangli acquitting the Respondents/accused 1 to 5 of the offences with which they were charged viz., Section 302 read with 34 I.P.C. as far as accused 1 to 4 are concerned and under section on 201 read with 34 1.P.C. as far as accused No. 5 is concerned.

(2.) THE case of the prosecution runs as follows:

(3.) AFTER this incident, according to the prosecution, P.W.8 proceeded to the house of Shivaji Sarafdar, cousin of the deceased which is to the North side of the place. On the way he met P.W.17 brother of the deceased whom he appraised of the incident. The said brother viz, by name Banda immediately went to the spot of the incident where the deceased was still lying and to whom deceased informed that he was assaulted by Subhash. P.W.8 also informed Shivaji about the incident who arrived there with his wife. Water was brought from the house of P.W.9, Sushila and thereafter an attempt was made to make Vithal drink Milk but however by the time he was dead. Thereafter the brother of the deceased, Banda told P.W.7 Tukaram who is peon in the village panchayat and asked him to inform the members of the family about the assault.