THE STATE OF MAHARASHTRA Vs. SIDHESHWAR SADASHIV MARWAR

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.188/1996 which was pending in the Court of learned Additional Sessions Judge, Osmanabad. The trial Court has acquitted the respondents - accused in that case for offence punishable under section 302 read with 34 of Indian Penal Code . Both the sides are heard.

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

(3.) Deceased Vijay was younger brother of first informant, Satish Karwar. The first informant is resident of Raghuchiwadi, Tahsil and District Osmanabad and the deceased was living with the first informant. The deceased was aged about 19 years and in the past he had appeared for the examination of 12th Standard. It is the case of the State that accused No.1 Sidheshwar and accused No.2 Sanjay were studying in 12th Standard and they were classmates of deceased Vijay. It is the contention of the first informant that deceased Vijay used to go with accused Nos.1 and 2 to the house of Hirkanabai, sister of Sidheshwar to study there.