STATE OF MAHARASHTRA Vs. HARI AND ORS.

JUDGEMENT

(1.) STATE of Maharashtra being aggrieved by the judgment and order dated 11th of January, 2001 passed in Sessions Case No. 38 of 1993 by the learned Additional Sessions Judge, Achalpur, thereby acquitting the respondents/accused of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, has preferred this appeal.

(2.) IN brief, it is the case of prosecution that both the accused, who are sons of sister of deceased Balaram, are resident of Achalpur. On 11th of March, 1993 at about 8 p.m. PW 5 Bhimrao was assaulted by both the accused at his house and when deceased Balaram intervened he was also subjected to assault by accused No. 1 Hari by stick and accused No. 2 Madhu by stone due to which he sustained bleeding injuries on his head and face and became unconscious. It is the case of prosecution that PW 2 Anusaya - wife of deceased, PW 2 Geeta and PW 10 Gajanan have witnessed the incident of assault and that PW 10 Gajanan lifted Balaram on his shoulder and proceeded towards hospital. However, he could not reach since got tired and left him on the ground near the Kartik Swami Gajanan temple and from there visited Achalpur Police Station and gave information upon which PW 12 Pundlik Pise, PSI, reached at the temple and by Police vehicle shifted Balaram in Cottage Hospital, Achalpur. On returning from the hospital, PW 10 Gajanan lodged his report on the basis of which offence came to be registered vide Crime No. 21 of 1993 for the offence punishable under Section 307 read with Section 34 of the Indian Penal. On 12th of March, 1993 Balaram succumbed to his injuries upon which offence came to be altered to Section 302 of the Indian Penal Code and was investigated by PW 12 Pise, PSI, during the course of which on the same day he visited the spot and drew spot panchanama as per Exh. 12 and seized articles including two blood stained stones and tooth under seizure panchanama (Exh. 13) and upon carrying inquest panchanama (Exh. 15) forwarded dead body for Post Mortem which was carried out on the same day by PW 11 Dr.Dilip Pande at Cottage Hospital, Achalpur and issued Post mortem note as per Exh. 43.

(3.) ON 14th of March, 1993, memorandum statement of accused No. 2 Madhu came to be recorded as per Exh. 24 and of accused No. 1 Hari came to be recorded as per Exh. 26 and pursuant to their statements one stone and stick came to be recovered at their instance and seized under seizure panchanamas Exhs. 25 and 27, respectively. After recording statements of witnesses and on forwarding seized articles for analysis to Chemical Analyzer, Nagpur the investigation is complete and charge -sheet came to be filed before the learned Judicial Magistrate (F.C.), Achalpur. In the course of time, case came to be committed to the court of Sessions for trial.