- (1.) BY the instant appeal the State is challenging the order of acquittal passed by the learned Additional Sessions Judge, Akola, acquitting the respondents-accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
(2.) THE respondents-accused were prosecuted for the offence punishable under Section 302 read with Sec. 34 IPC for intentionally or knowingly causing the death one Vijay alias Baiju on 23. 5. 1989 at about 1 p. m. at Akola by means of spear, sword, dagger and knife. The only eyewitness to the incident, according to the prosecution, was P. W. I Raiu. In the opinion of P. W. 5 Dr. Ajay Javerkar, who conducted the post mortem examination of Vijay, who died on 28. 5. 1988, the injuries sustained by the deceased were possible by means of a Janibiya and injury no 6 alone or all the injuries together were sufficient in the online course of nature to cause the death. In his opinion, the probable cause of death was multiple stab wound especially on abdomen and chest besides the oral testimony of the eye - witness P. W. 1 Raju, the prosecution relied on the oral report (Ex. 39) lodged by deceased Vijay himself, which was treated as dying declaration since Vijay died. The prosecution further relied on the evidence of blood - stains found on the clothes of the accused persons as also on the discovery memorandum (Ex. 13) by the accused No. 1 Amarjitsingh and the recovery panchanama (Ex. 14) pursuant thereto, where under one iron dagger (Art 5) was recovered. The trial Court, however, did not accept all this evidence as reliable and held that the accused were entitled for benefit of doubt and resultantly recorded order of acquittal of all the respondents.
(3.) HEARD Shri Agarwal, learned Additional Public Prosecutor appearing for the State and Shri M. R. Daga, learned counsel for the respondent and perused the evidence and the impugned order.;