STATE OF MAHARASHTRA THROUGH POLICE STATION KANDHAR, TQ KANDHAR, DIST NANDED Vs. DHONDIBA @ MITU S/O RAGHOBA KAMBLE

JUDGEMENT

(1.) The appeal is filed by the State against judgment and order of Sessions Case No. 76/1998, which was pending in the Court of learned Additional Sessions Judge, Nanded. The Trial Court has acquitted the respondents/accused of the offences punishable under sections 302, 307, 149 of Indian Penal Code ('IPC' for short) and section 147 of IPC. During the pendency of appeal, respondent No. 7 Ramkishan Kamble died. The case as against respondent No. 8 is disposed of as he was not tried in trial Court. No appeal is filed against original accused No. 9 - Shivaji by the State. Thus, the appeal is as against accused Nos. 1 to 6. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal, can be stated as follows :-

(3.) The first incident took place on 18.10.1997 at about 6.00 p.m. in the evening. Accused No. 6 - Kashiram Kamble came to the first informant and the deceased and questioned them as to why they were not giving their band for functions of people from Mangwada. He gave abuses to the first informant and the deceased.