STATE OF MAHARASHTRA Vs. GANESH SHRAWAN MORE

JUDGEMENT

(1.) Criminal Appeal No.132/2013 is preferred by State and Criminal Appeal No.326/2013 is filed by complainant. Both these appeals take exception to the judgment and order dated 30/10/2012 passed by learned Additional Sessions Judge, Achalpur in Sessions Trial No.116/2006 whereby all the accused nos.1 to 9 came to be acquitted of the offences punishable under Section 302 read with Sections 149, 147 and 148 of Indian Penal Code and Section 4 read with Section 25 of the Arms Act.

(2.) In brief, the case of prosecution can be stated as under :

(3.) On 5/3/2006 offence punishable under Section 302 of Indian Penal Code came to be added in the present crime by the Investigating Officer and by visiting spot, spot panchanama was drawn as per Exh. 105 and at the same time, two wooden stumps, blood stained earth and plain earth came to be seized under panchanama. Investigating Officer also got obtained ten photographs vide Exhs. 160 to 169. After effecting arrest of accused on 7/3/2006, blood stained clothes of accused no.5 Ashok were seized as per seizure panchanama (Exh. 94), of accused no.1 Ganesh along with one stick came to be seized as per Exh. 95, of accused no.2 Gajanan with one stick came to be seized as per Exh.96, of accused no.3 Raghunath with one stick came to be seized as per Exh. 97 and of accused no.4 Vikas came to be seized as per Exh. 98. On effecting arrest of accused no.7 Deepchand on 8/3/2006, his clothes and one stick were seized as per Exh. 99. On the same day, clothes and one sword as produced by accused no.6 Pappu came to be seized as per Exh. 100. All the seized muddemal articles came to be forwarded to Chemical Analyser for analysis.