STATE OF MAHARASHTRA Vs. SATURAM RAMCHANDRA VICHARE

JUDGEMENT

(1.) The Appellant-State preferred this appeal against the judgment and order passed by the learned Judicial Magistrate First Class, in Criminal Case No. 117 of 1992 on 22.07.1996 thereby acquitting the Respondents - accused under Sections 326, 504, 506 read with Section 34 of Indian Penal Code (for short "IPC").

(2.) Brief facts leading for filing the present appeal can be summarized as under:-

(3.) Thereafter the charge was read over and explained to the accused. The accused pleaded not guilty and claimed to be tried. The defence of the accused was of total denial. To bring home the guilt of the accused, during the trial the prosecution has examined in all ten witnesses in support of its case. The Trial Court has recorded statements of accused under Section 313 of the Criminal procedure Code. The learned Magistrate, after considering the evidence on record, came to a conclusion that there are material discrepancies and contradictions in the evidence of First Informant, and the evidence of PW No.4, PW No.6 and PW No.7. The learned Magistrate has also recorded a finding that there appears to be material omission and discrepancies in the evidence of the First Informant and the FIR lodged by him. The learned Magistrate held that the prosecution has failed to bring home the guilt of the accused. As stated herein above, the learned Magistrate, by the impugned judgment and order, acquitted the Respondents - accused for the offences under Sections 326, 504, 506 read wit Section 34 of the IPC. Hence this Criminal Appeal filed by the State against the said order of acquittal.