STATE OF MAHARASHTRA Vs. MADHUKAR GANU MADANE

JUDGEMENT

(1.) BY means of this appeal the State of Maharashtra, the appellant, has impugned the judgment and order dated 28th January, 1996 passed by the Additional Sessions Judge, Sangli, in Sessions Case No.54 of 1982, acquitting the respondents for offences punishable under sections 147, 148, 302, 307 and 323 read with 149 IPC., and in the alternative under sections 302, 307, 323 and 504 read with 34 IPC. Respondent No.1 Madhukar Ganu Madane was also acquitted under Section 302 and 307 IPC. simpliciter and Respondent no.2 Vasant Shidu Madane in addition was acquitted under section 323 IPC simpliciter.

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

(3.) THE FIR of the incident was lodged by Kallappa P.W.5 on 18.3.1982 at 4.30 p.m. at Sangli Rural Police Station. on the basis of the said FIR, PSI Madan Marutirao Chavan P.W.17 registered a case under section 302 IPC. etc. The investigation of the case was conducted by PSI Madan Chavan P.W.17 and SDPO Bhagawant Dattajirao More P.W.18. On the same day i.e. 18.3.1982, after registering the case P.S.I.Chavan went to the Civil Hospital, Sangli, recorded the statements of Shanabai and Mahadeo Madane and others. The same day at about 11.30 p.m. he arrested respondents 1, 2, 6 and 7. At the time of his arrest respondent no.1 was putting on blood stained clothes which were seized under a panchanama Exhibit 27. On 19.3.1982 he performed the inquest panchanama over the dead body of Maruti. He then went to the house of respondent no.2 and searched it in the presence of panchas and recovered therefrom 4 sticks, out of which three were stained with blood, under a panchanama exhibit 24. The same day he recorded the statement of complainant under section 161 Cr.P.C. On the same day i.e. on 19.3.1982 PSI Madan handed over the investigation to SDPO Bhagwant More P.W.18. SDPO More recorded statements of some witnesses, including Bhimrao P.W.10. On the pointing out of respondent no.1 in the presence of public panch under a panchanama he recovered an axe from a shed near the house of respondent no.1. Which was found to be stained with blood. The said recovery was made on 20.3.1982. On 21.3.1982 he interrogated some witnesses. He sent some of the recovered articles to the chemical analyst. After completing the investigation on 7.6.1982 he submitted the chargesheet against the respondents.