STATE OF MAHARASHTRA Vs. BABAN SONBA GORE

JUDGEMENT

(1.) This is an Appeal against acquittal of Respondents from the offences punishable under Section 302, 201 read with Section 34 of the Indian Penal Code by the learned 4th Additional Session Judge, Pune, in Session Case No.238 of 1996 by its Judgment and Order dated 7th June 1997.

(2.) Heard the learned APP at length and perused the entire record.

(3.) The present case is based on circumstantial evidence. A minute perusal of evidence available on record would indicate that the chain of circumstances propounded by the prosecution is not complete and there are several lacune in it. Record further indicates that the bodies of the deceased persons when took out from the well were noticed as extensively decomposed and therefore, the medical Officer could not give exact and definite cause of death of the said two victims and therefore it is difficult to hold that the Respondents committed murder of the said two persons.