APPAJI @ NARENDRA MAROTRAO GADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appellants challenged their conviction for the offences punishable under Sections 302, 324 and 393 read with Section 34 of the Indian Penal Code in Sessions Case No. 52/2014 passed by the Sessions Judge, Gadchiroli by judgment dated 452016.

(2.) The case of the prosecution against the appellants in short is as under.

(3.) Accused no. 3 Manohar Manikrao Korde came to be acquitted. In fact accused no. 3 Manohar Korde lodged the report immediately after the incident. Investigating Officer suspected him for making conspiracy with accused no. 1 and 2 to kill Ruprao Karode and to make a show that he was killed by naxalite. But all the evidence adduced by the prosecution do not show that accused no. 3 Manohar Korde made any conspiracy with any of accused nos. 1 and 2. There is no evidence against accused no. 3, hence accused no. 3 Manohar Korde is rightly acquitted by the trial Court. There is no appeal by the State against accused no. 3, therefore, evidence adduced in respect of accused no. 3 need not to be discussed.