- (1.)The State of Maharashtra has preferred this appeal against judgment and order dated 6-8-2007 passed by Additional Sessions judge, Akola in Sessions Trial No. 91 of 2006 whereby accused No. 1 Pramod and accused No. 2 Padmabai were acquitted of the offence punishable under section 302 of the Indian Penal Code and section 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.)Briefly stated facts are as under : on 26-5-2006 at about 5. 30 a. m. while first informant Anita Nindane was arranging hand-cart in front of an Eye Hospital at Akola, accused No. 1 Pramod came and gave blow by iron pipe on the head and chest of Naresh, husband of first informant. When Anita had intervened, accused No. 2 Padma beat the first informant with stick. The first informant lodged report with Police Station, City kotwali, Akola which was registered as CR No. 105/2006 under section 324 read with section 34 of the Indian Penal Code. It is the case of prosecution that injured naresh was taken to Hospital and Dr. Padghane (PW 12) had examined him. Later on 27-5-2006 Naresh died in the Hospital. Police had started investigation by drawing a spot panchanama; clothes of deceased Naresh were also seized; clothes worn by accused No. 1 Pramod, pipe, stick were recovered and sent for ca's report. During the course of investigation, the offence initially reported under section 324 read with section 34 of the Indian Penal Code was altered to sections 302, 324 read with section 34 of the Indian Penal Code and under section 3 (2) (v) of the SC and ST (Prevention of Atrocities) Act, 1989.
After completion of investigation, charge-sheet was filed before the court of Judicial Magistrate, First, Akola who committed the case to the Court of sessions.

Charge was framed (exhibit 22) by the learned trial Judge. Accused Nos. 1 and 2 pleaded not guilty and claimed to be tried.

(3.)At trial, the prosecution had examined in all 13 witnesses. Both the accused had denied their involvement in crime while giving their statement under section 313, Criminal Procedure Code.
The trial Court concluded the trial acquitting A-1 and A-2 for offences punishable under section 302 of the Indian Penal Code and section 3 (2) (v) of the atrocities Act. A-2 Padma was also acquitted of the offence punishable under section 324 of the Indian Penal Code. The trial Court, however, convicted and sentenced A-l Pramod for offence punishable under section 324 of the Indian penal Code imposing simple imprisonment of 18 months and to pay a fine of rs. 1000/-, in default, to undergo further simple imprisonment for one month.