STATE OF MAHARASHTRA Vs. MOHD. SADIQ SK. BADU AND ORS.
HIGH COURT OF BOMBAY (AT: NAGPUR)
STATE OF MAHARASHTRA
Mohd. Sadiq Sk. Badu And Ors.
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SWAPNA JOSHI,J. -
(1.) This appeal has been preferred by the appellant State against the judgment and order passed by the learned Ad hoc Assistant Sessions Judge, Achalpur in Sessions Trial No. 45 of 1997 delivered on 14.08.2001, thereby acquitting the respondents/accused of the offence punishable under Section 307 r/w 34 of the Indian Penal Code.
(2.) I have heard Mrs. S.Z. Haider, the learned Additional Public Prosecutor for the State and Mr. P.W. Mirza, the learned Counsel for the respondents. I have carefully gone through the record of the case.
(3.) The prosecution case can be summarised in nutshell as under : (PW1) Complainant Ramesh Tulshiram Bundele as well as the accused persons were the residents of taluka Achalpur. On 08.11.1996, in between 6.00 pm to 7.00 pm, a quarrel took place between complainant's son (PW3) Anup and Sadiq (accused No. 1) and Sabir (accused No. 2) for the reason that accused nos. 1 and 2 obstructed PW3Anup from taking the shebuffaloes at cattle pond. PW3 informed about the said incident to his father (PW1) Ramesh on telephone. On receipt of the said message, (PW1) Ramesh proceeded to his house. At that time, the people from the locality pacified PW3 as well the accused Nos. 1 and 2. Thereafter, at about 9.30 pm, PW1 was having tea at the hotel of one Chaudhary, near Laxmi talkies. At that time, Sadiq (accused No. 1), Sabir (accused No. 2) and their maternal uncle Babbu @ Salim (accused No. 3) arrived at the hotel. The accused persons said that PW1 had become very furious. On saying this, suddenly accused No. 3 dealt a sickle blow to PW1, Sadiq (accused No. 1) dealt a knife blow on his stomach and Sabir (accused No. 2) caught hold of PW1. PW1 screamed as 'save, save'. On hearing the hue and cry of PW1, the people from the locality gathered at that place and intervened the quarrel.;
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