STATE OF MAHARASHTRA Vs. BHIMA RAYANNA BHOI

JUDGEMENT

(1.) THE Respondents (Org.Accused Nos.1 to 6) were tried in the Court of the Additional Sessions Judge, Kolhapur, in Sessions Case No.53 of 1983, for offences punishable u/s 147, 148, 149 r/w Section 302 I.P.C. Accused Nos.3, 4 & 6 were alternatively charged under section 302 r/w section 34 I.P.C. Accused Nos. 3, 4 & 6 were alternatively charged for the offence punishable under section 302 simplicitor.

(2.) BY his Judgment and Order dated 28th March, 1984, the learned Sessions Judge acquitted the accused of the said charges. Being aggrieved by the said judgment and order of acquittal the State of Maharashtra has preferred this appeal.

(3.) IN support to its case the prosecution examined as many as 22 witnesses. Out of 20 witnesses, four witnesses claim to be eye-witnesses. They are P.W. 9, P.W. 10, P.W. 11 and P.W. 12. The medical evidence consisted of evidence of Dr.Rao, Dr. Jirage, Dr.Pawar and Dr.Magdum. The defence of the accused was one of total denial. After perusing the evidence on record and after considering the defence of the accused the learned Sessions Judge came to the a conclusion that the prosecution had failed to prove its case beyond reasonable doubt and in this view of the matter he acquitted the accused of the said charges. As stated above being aggrieved by the said judgment and order of acquittal the appellant-State of Maharashtra has preferred the instant appeal.