STATE OF MAHARASHTRA Vs. BHAGWAN JAGANNATH MARKAD

JUDGEMENT

(1.) Heard learned APP for the Appellant/State and learned advocate for the Respondents/Accused.

(2.) This is an appeal filed by the State against the acquittal of the accused, who are 16 in number, from different offences of the Indian Penal Code viz. 147, 148 and 149, 302 r/w 34, 307 r/w 149 and 34, 436 r/w 149 and 34, 447 r/w 149 by the IIIrd Additional Sessions Judge, Solapur, vide judgment dated 10th May 1990. This is a case where one Bibhishan Vithoba Khade died and Indubai, Dagadu Gopinath Koyale, (PW 11) were injured in the attack launched by all the accused who were armed with deadly weapons, according to the prosecution. One Chaturbhuj Khade (PW 18) was also injured by the accused. The incident had occurred when the persons from complainant side had gathered at the house of Dagadu Koyale for taking snacks in the morning because of Diwali. It was Dagadu who invited all the persons along with Murlidhar Kshirsagar and his son Bibhishan Kshirsagar at about 12-00 noon. All of them are sitting under a neem tree. At that time Indubai, the daughter of sister of Dagadu and Kernath came running towards the vasti and told Dagadu that some persons were proceedings to his vasti to assault Dagadu. All the accused thereafter came there by pelting stones on Kernath. They were armed with weapons and, therefore, Dagadu and all the above persons entered the house of Dagadu. Accused Nos.1 and 2 asked accused No.3 to set fire to the roof of the vasti. The accused No.3 took out a match stick from his pocket set the roof to fire. Dagadu and other persons had to come out from the house because of fire and, at that time, assault was launched in the following manner :-

(3.) It will be clear that Bibhishan Khade, the victim, died and other persons were injured. Even though they were examined by the prosecution, the accused came to be acquitted and, therefore, this appeal by the State.