V.K.TAHILRAMANI, J. - (1.)THROUGH this appeal, the appellant-State of Maharashtra is challenging the judgment and order dated 28.1.85 passed by the learned IInd Additional Sessions Judge, Satara in Session Case No. 36/84. By the said judgment, all the respondents - original accused nos. 1 to 30 have been acquitted of the offences punishable under sections 143, 147, 302 read with 149 IPC and 325 and 342 read with 149 of IPC. Briefly stated, the prosecution case is as under :-
(2.)ALL the respondents i.e. original accused had been charged for the offences punishable under sections 143, 147, 302 read with 149 IPC and 325 and 342 read with section 149 of IPC for having formed unlawful confinement and murder of Dilip Eknath Bhosale (deceased) and for causing grievous hurt to P.W. 18 Vinayak Pandurang Nikalage and P.W. 19 Sadhu Londhe and P.W. 12 Shankar Bhosale in prosecution of the common object of their unlawful assembly on 25.5.83 at about 3.00 p.m. near the S.T. stand at Barad. Immediately before the above incident P.W.12 Shankar Ambaji Bhosale (complainant), P.W. 18 Vinayak Nikalaje, P.W. 19 Sadhu Londhe, Dilip Eknath Bhosale (deceased) and one Namdeo Shankar Londhe are alleged to have consumed alcohol and under the influence of drink, they assaulted the present respondent no. 1 Jalindhar Pisal and robbed the wrist watch of Jalindhar. The abovesaid 5 persons are further alleged to have assaulted respondent no. 27 - Vasant Kamble and have thereafter behaved in disorderly manner and created commotion at the Panpatti shop of P.W. 11 Ramjan Mulani. In that respect, the said 5 persons were prosecuted for the offences punishable under section 395,336 read with 149 and 504 read with 149 IPC vide Session Case No. 22/84.
It is the prosecution case that Jalindhar had got many relatives at Barad. When the above incident of assault on respondent nos. 1 and 27 occurred and the wrist watch of respondent no. 1 Jalindhar was robbed, the villagers became furious. Jalindhar escaped in the village and brought the other accused persons and chased those 5 persons and they are alleged to have assaulted them with sticks, stones, fists blows and kicks causing death of Dilip Bhosale and causing grievous hurt to Vinayak Nikalaje P.W. 18 and Sadhu Londhe P.W. 19. The above two incidents have take place immediately one after another and the present incident was a sequel to the first incident. Respondent no. 1 Jalindhar Pisal escaped and went to the police outpost at Barad and narrated the incident to Police Head Constable Babar (P.W. 15) as well as respondent no. 2 Sarpanch Dnyandeo, Police Head Constable Babar gave the information to Phaltan Police Station to send police van and police party and then proceeded towards the Barad S.T. stand. On reaching the S.T. stand, Police Head Constable Babar noticed that witnesses as well as respondent no. 1 Jalindhar had sustained injuries. Hence, P.W. 18 Vinayak Nikalaje, P.W. 19 Sadhu Londhe, Dilip Bhosale, respondent no. 1 Jalindhar Pisal and P.W. 12 Shankar Ambaji Bhosale were sent to Zilla Parishad dispensary at Phaltan. Dilip Bhosale was declared to be dead and Sadhu Londhe and Vinayak Nikalaje were examined and referred to Civil Hospital, Satara for further treatment about suspected fractures. P.W. 12 Shankar Bhosale was treated and discharged from the Zilla Parishad Dispensary and then he lodged the complaint at Phaltan Police Station at about 9.00 p.m. which was registered vide C.R.No. 94/83. The cross case by respondent no. 1 Jalindhar Pisal relating to complaint of dacoity against P.W.12, 18, 19 the deceased Dilip Bhosale and one Namdeo Londhe was registered vide C.R.No. 93/83 at about 8.30 p.m. In the present case, after the completion of investigation, chargesheet came to be filed.

(3.)THE case was committed to the court of Sessions in the usual manner. The charge was framed against all the respondents under section 147, 148, 342 read with 149 and 325 and 302 of IPC read with 149 of IPC. The respondent-accused pleaded not guilty and claimed to be tried. The defence of the respondents is that of total denial Through their suggestions to the prosecution witnesses and statements under section 313 of Cr.P.C., the defence appears to be that the passengers present at the Barad S.T. stand and some unknown persons of the village had gathered at the S.T. stand and they might have chased and assaulted the deceased and the injured persons.