THE STATE OF MAHARASHTRA Vs. MANGENI TAMANNA BANDGAR

JUDGEMENT

(1.) This is an appeal against acquittal preferred by State against the impugned Judgment and Order dated 23.04.1996, passed by the learned Additional Sessions Judge, Pandharpur in Sessions Case No. 9 of 1996, acquitting the Respondents for the offences punishable under Section 302, 307 r/w. 34 of Indian Penal Code.

(2.) Heard Mr. Yagnik, the learned APP for State and Mr. B.R. Patil, learned Counsel appearing for the First Informant/Revision Applicant at length and perused the entire record.

(3.) The prosecution case in brief is that, the Appellants were having enmity with deceased Somrayya M. Bandgar and his family members over landed property and therefore, on 28.06.1995, in furtherance of their common intention, the Appellants assaulted Somrayya M. Bandgar (deceased) and Mhalappa M. Bandgar (PW-14) with iron pipe, scythe, axe and other weapons wherein Somrayya succumbed to injuries. After completion of investigation, the Police submitted charge-sheet. The learned Trial Court, by the impugned Judgment and Order dated 204.1996 was pleased to acquit the Respondents from the offences charged against them.