STATE OF MAHARASHTRA Vs. DILIP DATTATRAYA MOHITE

JUDGEMENT

(1.) Heard learned APP for the Appellants - State and Counsel for the Respondents - Original Accused.

(2.) This appeal is filed by the State against the acquittal of the accused from all the offences viz. under Section 302 read with section 34 of Indian Penal Code. So far as accused No.2 is concerned he is also acquitted of offence under Section 307 of IPC.

(3.) The incident in this regard is of 7.6.1988. The name of the deceased is Chandrakant who was elder brother of Ashok Kalaskar. This Kalaskar family had entrusted their plot at Budhwarpeth, Pune, for development to the accused No.1 Dilip Mohite and one Paul. The structure of the new building was complete excepting construction of walls and this construction of wall was in progress on 3rd floor. It is the case of the prosecution that the complainant i.e. Kalaskar brothers had a grievance that the accused without completing the work of the 1st floor were doing the work of 3rd floor. This was against the contract or agreement between the parties, and, therefore, Ashok and his brother Chandrakant went to the construction site on 7.6.1988 at about 10.30 a.m. They found that the construction of the 3rd floor was going on. Chandrakant questioned the mason as to how he was doing the work and ordered him to stop the work at the site and one Charu who was the Supervisor went to inform this fact to the accused.