THE STATE OF MAHARASHTRA Vs. NAMDEO SANTU BADHE

JUDGEMENT

(1.) In Sessions Case No. 24/2000, learned Addl. Sessions Judge, Kopargaon by judgment dt. 24.10.2002 acquitted the respondent of offence punishable u/s 302 IPC . Hence, the aggrieved State has preferred this appeal.

(2.) The facts relevant for deciding this appeal may be stated as follows:

(3.) On the basis of the same, the crime was registered at C.R. No.I-160/2000 for offence u/s 326, 504, 506 IPC and was investigated into. The investigation revealed that, Manaji was taken to Nashik and was admitted there on 04.08.2000 at 07:00 p.m. Thereafter, his discharge was taken on 08.08.2000 at 05:00 p.m. and he was admitted in hospital at Shirdi on 20.08.2000. He died due to the skull injury. Meanwhile, during investigation, PW7 ASI Namdeo carried out spot panchanama and collected ordinary soil and blood mixed soil samples from the spot. The statements of material witnesses were recorded. Attempts were made to record the statement of injured Manaji but he did not regain consciousness. The accused was arrested and as per his voluntary statement, he discovered weapon of offence spade. Blood stained clothes of the injured were also seized. The medical papers were collected and after completion of investigation, the charge-sheet was submitted in the court. Accused no. 1 had a physical defect in one eye and one leg.