STATE OF MAHARASHTRA Vs. MADHAV DATTATRAYA PASHTE

JUDGEMENT

(1.) This is an appeal by the State challenging the judgment and order of acquittal passed by the Additional Sessions Judge, Thane in Sessions Case No. 641 of 1993 by which the Respondents came to be acquitted of the offences punishable under Sections 147, 148, 302 r/w 149, 324 read with 149 of IPC.

(2.) The prosecution story, as emerged from the record, can be summarized as follows:

(3.) Deceased Sitaram Laxman Dalvi was serving as a Police Constable at Jawahar Police Station. The Complainant Ishwar Dalvi (PW-1) is the nephew of the deceased and the first informant. The incident in question occurred on 30.06.1993 at village Gavis Khurd. At about 9.00 p.m. deceased Sitaram Dalvi, PW-1 Ishwar Dalvi, PW-2 Ankush Dalvi (injured witness), PW-3 Krishna Devji Dalvi, PW-6 Sanjay Dalvi who were residents of Pahuni village had gone for fishing in the complainant's field. Around 10.30 p.m. Anant Narayan Paste (now deceased), Mahadu Paste (now deceased), Ramesh Paste (now deceased) along with Bhau Paste suddenly came over there. It is alleged that all of them along with some other persons started assaulting the complainant and the witnesses by inflicting blows of lathi. The complainant was assaulted over his head by means of a lathi. Accused Anant Paste inflicted a blow of lathi on the back of PW- 2 Ankush Dalvi. On hearing the melee and shouts, five of the assailants ran towards Ghateshkhurd. Due to fatal injury sustained by deceased Sitaram Dalvi over his head, he became unconscious. The complainant and his colleagues carried him to Rural Hospital at Wada. After reaching the injured to Wada Hospital, the complainant went to the police station at Wada and reported the matter. By that time, Doctor declared Sitaram Dalvi dead. Thereafter, PW-1 Ishwar Dalvi went to Wada Police Station and lodged a report against all the accused on the basis of which a crime bearing No. 189 of 1993 under Sections 302, 147, 148, 149 and 324 of IPC has been registered.