STATE OF MAHARASHTRA Vs. MANOJ AND ANR

JUDGEMENT

(1.) This Appeal is filed by the appellant-State, challenging the judgment and order of acquittal passed by the Sessions Judge, Jalgaon on 29th January, 2000 in Sessions Case No.141/1998.

(2.) The prosecution case in nutshell is as under: It is the case of the prosecution that on 27th April, 1998, Vijay Pralhad Marathe [PW-4] had been to the house of Suresh Khandelwal [deceased]. In the said house, Suresh and his mother were present. He had chit-chat with them. At about 8.30 p.m. Suresh along with Vijay [PW-4] started going towards railway line so as to attend nature's call. When they reached near the house of Meerabai Patil, both of them saw Manoj and Punam coming from the railway line. It is further the case of the prosecution that Manoj abused Suresh in the name of his mother, and said that Suresh had become rude. Suresh also replied to the abuses given by Manoj in the same manner. Manoj and Punam started giving kicks and fist blows to Suresh. Thereafter, Manoj and Punam drew chopper from their waist, and assaulted Suresh on his head, forehead, stomach and chest, by giving him blows by said weapon in quick succession. Vijay [PW-4] when tried to intervene, Manoj gave him a blow with the chopper on his head. Vijay raised hue and cry, and Manoj and Punam ran away from the spot of incident. The injured Suresh sat down at the place of incident holding his stomach. Vijay went to the house of Suresh and called his mother. With the help of mother of Suresh, Vijay took Suresh to the Police Station and lateron to the Civil Hospital, Jalgaon. During treatment, Suresh expired. The PSI Jagtap of Shani Peth Police Station went to the Civil Hospital, Jalgaon to record statement of Suresh. However, the Medical Officer informed him that, Suresh is not in a position to give statement. Then PSI Jagtap went to the injured Vijay [PW-4], who was also admitted in the same Civil Hospital wherein Suresh was admitted, and recorded his statement.

(3.) The trial Court framed charge against accused for the offences punishable under Sections 302, 324 r/w. 34 of the Indian Penal Code. The accused have denied to have committed any offence and have contended that they have been falsely implicated in the case.