STATE OF MAHARASHTRA Vs. MADHU SONYA PAWARA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12-12-1991 by learned Sessions Judge, Dhule in Sessions Case No. 26 of 1991, whereby present Respondents were acquitted of the offence punishable under section 302 of Indian Penal Code.

(2.) Briefly stated, the facts giving rise to this appeal are that, PW-2 Deda reda Pawara, resident of village Lakadya Hanuman, Taluka Shirpur, is the original complainant. Deceased Popat was his son. Popat was about 13 years of age at the time of alleged incident. Respondent Nos. 1 and 2, who were original accused Nos. 1 and 2, were resident of Fattepur, whereas, Respondent No. 3, who is original accused No. 3, was resident of Nawapada. Respondent No. 3 shifted to nawapada, 2 1/2 to 3 months prior to the incident.

(3.) Learned Addl. P. P. Shri K. B. Chaudhary vehemently submitted that the evidence of PW-9 Rama ought to have been believed by the trial Court and that the said evidence was rejected on sole ground that police recorded his statement 5-6 days after the incident, which is not the fact. Statement of PW-9 was recorded on 9-12-1990 i. e. on the next day of lodging the complaint and, therefore, there was no delay.