STATE OF MAHARASHTRA Vs. CHHABILAL HILAL PATIL

JUDGEMENT

(1.) Perused. Heard learned respective counsel for the parties.

(2.) The challenge in this appeal is to the judgment and order passed by the learned sessions Judge, Dhule in Sessions Case no. 165 of 1990 on 30. 1. 1991, thereby acquitting accused nos. 1 and 2 from the offences punishable under Sections 302 and 201 r/w. Section 34 of the Indian Penal Code.

(3.) On 12. 4. 1990 memorandum panchanama Exh. 28 was drawn and the bullocks and bullock cart were seized thereunder at the instance of accused no. 1 in presence of panchas. Moreover, memorandum panchanamas Exhs. 30 and 31 were drawn on 13. 4. 1990 and iron wire was seized thereunder at the instance of accused no. 1 in presence of panchas and the said wire was compared with article No. 2 i. e. wire found around the neck of the deceased and both were found matching. Thereafter the Circle Officer drew the sketch of scene of offence and the said sketch and its report are marked at Exhs. 15 and 15-A. Moreover, the viscera of the deceased was sent to the Chemical Analyser for examination purpose and the chemical analysis report dated 12. 4. 1990 thereof was received which is marked as Exh. 14.