STATE OF MAHARASHTRA THROUGH POLICE STATION Vs. KAKASAHEB S/O RAMCHANDRA DESHMUKH
LAWS(BOM)-2017-12-312
HIGH COURT OF BOMBAY
Decided on December 08,2017

STATE OF MAHARASHTRA THROUGH POLICE STATION Appellant
VERSUS
Kakasaheb S/O Ramchandra Deshmukh Respondents

JUDGEMENT

Sangitrao S. Patil, J. - (1.) The appellant/prosecution has taken exception to the judgment and order dated 13th march, 2006, passed in Sessions Case No. 58 of 2005 by the learned 2nd Additional Sessions Judge, Latur, whereby the respondents have been acquitted of the offence punishable under Section 302 of the Indian Penal Code ("IPC" for short).
(2.) The deceased Madhukar Ramchandra Deshmukh, resident of village Chincholi (Bal.), Taluka and District Latur was the real brother of respondent No.1. Their dwelling houses were adjacent to each other. There were some disputes between them on account of agricultural land. They had filed criminal cases against each other.
(3.) It is alleged that on 4th June, 2005, at about 10.00 a.m., respondent No.1 took the deceased Madhukar with him to village Murdhav, Taluka Renapur, District Latur for settling the dispute between the deceased Madhukar and himself with the assistance of respondent Nos.2 and 3, who are the brotherinlaw and fatherinlaw respectively of respondent No.1. Thereafter, the deceased Madhukar did not come back to his house. He was found in an injured condition in the land of one Tryambak Kapse situate within the revenue limits of village Ghansargaon, near Ghansargaon to Talni cartway, which was at the distance of 500 feet to the west of Renapur to Pangaon road, on 5th June, 2005 at about 9.00 a.m. to 10.00 a.m. He was unconscious. He had sustained a head injury. His cap and pair of chappals were lying nearby him. A stone stained with blood also was there. A bottle of pesticide namely "rogor" and two empty bottles of English liquor also were lying there. One Pratap Deshmukh, who noticed the deceased Madhukar at that spot, informed the Police Station, Renapur on phone. The police came there and took the deceased Madhukar to the Civil Hospital, Latur where he was admitted for treatment. On the same day, at about 7.30 p.m., the deceased Madhukar was shifted to Vivekanand hospital at latur for treatment. He died there on 7th June, 2005 at about 12.20 a.m.;


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