STATE OF MAHARASHTRA Vs. ISHWARDAYAL ANANTRAM GEDAM

JUDGEMENT

(1.) Heard the learned Additional Public Prosecutor for the State. Nobody appears for the respondents.

(2.) This appeal against acquittal filed by the State challenges the judgment and order passed by learned Additional Sessions Judge, Bhandara in Sessions Trial No. 73 of 2006, thereby acquitting the respondents/accused of the offences punishable under Sections 143, 302 and 201 of the Indian Penal Code.

(3.) The learned Additional Public Prosecutor has urged that merely because of rather technical approach in holding that identity of bodies excavated at the instance of accused no.1 - Ishwardayal after his statement under Section 27 of the Indian Evidence Act is not established, the accused persons have been acquitted. According to her, the narration of events brought on record are so natural that nobody could have disbelieved the same. Motive has been established and the fact that the deceased persons were missing since 17.4.2006 is also established. The paper work found to be lacking, in this situation, does not help accused persons at all. She submits that the bodies were found in Madhya Pradesh under the jurisdiction of Police Station, Tirodi at a place called Masulkhapa nala on 26.4.2006 and the documents maintained by that police station and proved before the trial Court establish this.