STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, POLICE STATION POPHALI, DISTRICT YAVATMAL Vs. DNYANESHWAR GOVINDGIR @ BABANGIR GIRI

JUDGEMENT

(1.) Appellant State as well as the complainant Smt. Shobha widow of Dattatrya Giri, both have challenged the judgment of acquittal of all the respondents/accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code passed in Sessions Trial No. 2/2002 by learned Additional Sessions Judge, Pusad.

(2.) The case of the prosecution against the respondents /accused in short is as under.

(3.) Heard learned Additional Public Prosecutor Shri N. R. Patil for the State/appellant and learned counsel Shri K. S. Narwade for the complainant. They submitted that evidence of P.W. 1 Shobha and her son P.W. 12 Rameshwar is sufficient to convict the accused. Learned trial Court wrongly not relied on their evidence. There is also dying declaration of Govindgiri. But it is also not relied by the trial Court. It is submitted by them that evidence of P.W. 1 is well corroborated by evidence of P.W. 12. It is also corroborated by dying declaration (Exhibit 50).