STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, DHANTOLI, DISTRICT NAGPUR Vs. BALYA @ MANOJ MADHUKAR GUDADHE

JUDGEMENT

(1.) By way of present appeal, the appellant/State of Maharashtra challenges the judgment and order dated 10th August, 2007 passed by the learned Adhoc Additional Sessions Judge6, Nagpur in Sessions Trial No. 71 of 2005, thereby acquitting the respondents for the offence punishable under Sections 302, 201, 294 read with Section 34 of the Indian Penal Code.

(2.) The case of the appellant/prosecution against the respondents (hereinafter referred as accused), in short, is as under : Deceased Sohan Yadav was residing near Yeshwant Stadium at Sangam Chawl within the jurisdiction of Police Station, Dhantoli, Nagpur. On 28.09.2004, at about 5 o' clock, deceased returned from his work. There was programme of immersion of idol of Lord Ganesh of Sarvajanik Ganesh Utsav Mandal in their locality. At about 06:30 p.m., men and women of their locality started procession for immersion of idol of Lord Ganesh. Deceased was also accompanying in the procession. Wife of deceased went up to Bank of Maharashtra, Sitabuldi, Nagpur and returned.

(3.) At about 09:00 p.m., all the persons, who went for immersion, returned back. Deceased came in front of Ganesh Utsav Mandal, Udasi Mandir, after immersion of Lord Ganesh in Futala water tank. Dinner was arranged there in the pendal for the people who had gone for immersion. At that time, accused Manoj @ Balya Gudadhe, who was under the influence of liquor, was abusing without any reason saying, "Saale Dawke Log Madarchod Rahate Hai". Deceased was of Dawke community. Deceased asked Manoj as to why he was abusing them.