STATE OF MAHARASHTRA Vs. CHIMAJIS/O RAKHMAJI DHEMRE

JUDGEMENT

(1.) This is an appeal by State under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 26.7.1991 rendered by II Additional Sessions Judge, Beed, in Sessions Case No.87 of 1990. Respondent-accused was tried and acquitted of the offence punishable under Section 302 of Indian Penal Code i.e. on the allegation of committing murder of Mahadeo Dadarao Jadhav. Feeling aggrieved by the judgment of acquittal, the State has approached this court.

(2.) The prosecution story, as it unfolds from the depositions of PW-1 complainant Asruba (brother of the victim), PW-2 Nagarbai (sister of the victim) and PW-3 Gangubai (wife of the victim), can be narrated as follows;

(3.) After investigation, charge-sheet was filed and the trial conducted by the Sessions Judge, after committal, ended in an acquittal. Hence, the State is before us in appeal.