TUKARAM RANU GITE Vs. NIVRUTTI RAMAJI GUNJAL

JUDGEMENT

(1.) THIS Criminal Revision Application is filed by the petitioner/original complainant, being aggrieved by the order dated 7th December, 1992 passed by the 3rd Additional Sessions Judge, Nasik, acquitting all the accused in Sessions Case No. 13 of 1991. By the impugned judgment and order, the learned 3rd Additional Sessions Judge acquitted accused Nos. 1 to 10 of the offences punishable under sections 147, 148, 149 read with 302, 307 and 341 of the Indian Penal Code.

(2.) I have heard all the Advocates at length. At the outset, it has to be stated that the State has not preferred any appeal against the order of acquittal passed by the Sessions Court, and it is also to be highlighted that since this is a Revision Application against the order of acquittal under section 401 of the Code of Criminal Procedure, 1973, it has got its own limitations.

(3.) THE few facts which are required to be stated are as follows: the prosecution story as is transpired from the proceedings in brief is that, deceased Shankar Ranu Gite was the resident of village Taloshi. The prosecution witnesses also were residents of the same village. Accused Nos. 1 to 5 and accused Nos. 8 and 10 were residents of village Taloshi. However, accused No. 7 was residing at Talogh, and accused No. 9 was residing at village Avachitwadi. All these villages are in District Nasik. According to the prosecution, there were two rival groups at village Taloshi. Accused belonged to one group, while some of the prosecution witnesses and the complainant belonged to the other group. It is alleged that there is some political rivalry between these two groups over Gram Panchayat Election.