STATE OF MAHARASHTRA Vs. UTTAM NANDRAM SOMWANSHI

JUDGEMENT

(1.) The State feeling aggrieved by the judgment of acquittal recorded by Additional Sessions Judge, Shrirampur in Sessions Case No.70 of 2003, has filed this appeal under Section 378 (1) (3) of the Code of Criminal Procedure, 1973. The Respondent-accused was tried for offences punishable under Sections 302, 504 of Indian penal Code and was acquitted at the conclusion of the trial, on 27.9.2005. Hence, the appeal.

(2.) The prosecution story can be narrated thus;

(3.) For proving its case, the prosecution has examined seven witnesses. PW-1 Ashok and PW-4 Vaishali, who are the children of accused and the victim, provided direct and best possible evidence. PW-3 Bhalnath is the brother of the deceased, but he has no personal knowledge about the incident and he had joined the party only at Pravara Hospital, Loni.