STATE OF MAHARASHTRA Vs. SHERALI @ SHERU

JUDGEMENT

(1.) THE Respondents along with two others were tried in the court of Additional Sessions Judge for Greater Bombay, in Sessions Case No.192 of 1983 for offences under sections 144, 148, 302 read with 149, 302 read with 34, 332 read with 34 IPC. Respondent No.1 was also charged under section 27 of the Arms Act while respondents 2, 3, and 4 were additionally charged under section 37 (1) read with section 135 of the Bombay Police Act.

(2.) BY the judgment and order dated 27th and 30th January 1984 the learned Additional Sessions Judge acquitted the accused of the said charges. In the present appeal the State of Maharashtra has impugned the said judgment and order of acquittal.

(3.) S .I. Paradkar then registered a case vide C.R.No.925 of 1982 under sections 143, 144, 147, 307 read with 149 IPC and section 25 of the arms against the accused. The investigation proceeded on the basis of the FIR. Sallauddin was examined at Nanavati Hospital by Dr.Gandotra (P.W. 12) after he was brought to the Hospital at 8.20 p.m. with a history of alleged assault by a group of people with a gun and sword. Dr.Gandotra noticed as many as 7 injuries on him as set out herein below: