STATE OF MAHARASHTRA Vs. KISHABAPU @ KRUSHNARAO NANASAHEB BHOSALE
HIGH COURT OF BOMBAY (AT: AURANGABAD)
STATE OF MAHARASHTRA
KISHABAPU @ KRUSHNARAO NANASAHEB BHOSALE
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S.S.SHINDE, J. -
(1.) Criminal Appeal No. 76 of 2000 is filed by the appellant, challenging the judgment and order of acquittal dated 6th November, 1999, passed by the Additional Sessions Judge, Osmanabad in Sessions Case No.146/1995. Criminal Revision Application No. 37/2000 is filed with prayer for quashing and setting aside the judgment and order passed by the Additional Sessions Judge, Osmanabad in Sessions Case No.146/1995, dated 6th November, 1999 and for imposing the punishment to the respondent nos.2 to 4 under Section 302 r/w. 34 of the Indian Penal Code.
(2.) It is the case of the prosecution that, deceased Ashok was the son of the informant-Madhukar and husband of Pavitra [PW3]. The informant and his two sons were residing together and running grocery and tailoring shop. Accused nos.1 to 3 are also residing at village Deogaon i.e. village of the informant. It is the case of the prosecution that the alleged incident had taken place out of political rivalry. The accused had grudge in their mind that the deceased Ashok was opposed to the name suggested by the accused for appointment on the post of Sarpanch.
(3.) It is the prosecution case that, on 6th May, 1995 at about 9.30 a.m., when the informant, Ashok [deceased] and Pavitra were taking meals in their house, the accused went to their house on the pretext of purchasing cigarette. The deceased Ashok went to the shop section which is part of one room of the house so as to give them cigarettes, but accused nos. 2 and 3, Mohan and Jalindar caught his hands while accused no.1 Kishabapu inflicted scissor in his chest. Deceased Ashok sustained bleeding injury and when the informant and Pavitra went in the shop; the persons from the adjoining houses also gathered on the spot. The deceased was carried to the Government Hospital, Paranda, but the Medical Officer declared him dead. The informant went to the Police Station Paranda and lodged the first information report [Exh.44]. The First Information Report was recorded at zero number and then the same was forwarded to the Ambi Police Station for investigation as the alleged crime was committed within the jurisdiction of the said Police Station. When Ambi Police Station on receiving said First Information Report registered it as crime No.16/1995 for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and one Mr.Mundhe working as API acted as an Investigation Officer and continued with the further investigation.;
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