STATE OF MAHARASHTRA Vs. GANESH

JUDGEMENT

(1.) The appeal is filed by the State against the judgment and order of Sessions Case No.247 of 2001, which was pending in the Court of IInd Additional Sessions Judge, Jalna. All the Respondents are acquitted by the Trial Court of the offence punishable under Sections 302 read with 34 of the Indian Penal Code. During the pendency of present appeal, Respondent No.4 died, the appeal against him needs to be abated and so the appeal against the remaining three Respondents is heard.

(2.) In short, the facts leading to institution of the appeal can be stated as follows:

(3.) The incident in question took place on 29th July, 2001, which was Sunday and weekly Bazar day of Paradgaon. Deceased Govind, first informant and Seva Chavan had gone to Paradgaon for Bazar. They were returning from Paradgaon to Deoli Tanda and when they were present in one lane of Paradgaon, from the back side all the four accused came running and they intercepted these persons. During the incident, Accused No.4 Achyut and Accused No.2 Pandurang held Govind and then Accused No.1 Ganesh gave blows of Jambia (dragger) on the back and abdomen of Govind. Govind sustained bleeding injuries and he collapsed on the ground. After that Bhima gave kick blows to Govind.