LAWS(BOM)-2017-4-28

STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, HINGANGHAT, DIST. WARDHA Vs. VIMAL W/O CHATRAPATI BHOYAR, AGED 34 YEARS, R/O HINGANGHAT, DIST. WARDHA

Decided On April 06, 2017
State Of Maharashtra, Through Police Station Officer, Police Station, Hinganghat, Dist. Wardha Appellant
V/S
Vimal W/O Chatrapati Bhoyar, Aged 34 Years, R/O Hinganghat, Dist. Wardha Respondents

JUDGEMENT

(1.) By the present appeal, the appellant/State is challenging an order of acquittal passed by the learned Sessions Judge, Wardha dated 30.09.2002 in Sessions Trial No.151/1997, by which the Court below acquitted the respondents in the present appeal of the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) We have heard Mr. V. A. Thakare, learned A.P.P. for the appellant/State and Mr.Chaudhari, learned counsel for the respondents in extenso. With their able assistance, we have gone through the record and proceedings as well as the impugned judgment of the Court below.

(3.) According to the prosecution, the respondent no.1Vimal is wife of Chhatrapati, who is uncle of the deceased Vaishali. Prior to his death, Chhatrapati used to reside in the house of Pandurang Bhoyar at Hinganghat. Pandurang is father of the deceased Vaishali. After death of Chhatrapati, the respondent no.1 continued her residence in the said house along with her sister Pushpa. According to the prosecution, Vimal was claiming share in the said house on the ground that it was an ancestral one. On that count, there was a dispute in between the respondent no.1 and the family of the deceased.