M.G. Giratkar, J. - (1.) The State has challenged the judgment of the Additional Sessions Judge, Achalpur dated 12-1-2009 by which all the respondents (hereinafter referred as 'accused') came to be acquitted.
(2.) The case of the prosecution against the accused in short is as under : (i) Hamid Khan (P.W. 2) went to Village Belkheda for grazing his buffaloes. He went to water tank for taking water. Just near the water tank, there was a fish shop. Accused Ganpat Bhusum was sitting in drunken condition. Accused Ganpat abused him. There was quarrel between him and Ganpat. Other accused came there and beat Hamid Khan. Thereafter he reached to Paratwada. He had taken his relatives, namely, Riyaz, Sahebkhan and Sk. Nasim. They went to Belkheda. On the way, near water canal, Nasim, Riyaz and Aslam alighted from the auto. Hamid Khan and Sahebkhan proceeded to Belkheda. As soon as they alighted from auto, all accused attacked on them. He shouted for help. Accused persons beat them. (ii) Sahebkhan, Aslam Khan, Riyaz Ahmad and Sk. Nasim reached there. Accused also attacked them. They all ran away from that place for saving their life. At that time, accused surrounded Riyaz Ahmed. They gave blows of wooden sticks to Riyaz. Hamid Khan ran away for saving his life to Paratwada. He reached Village Dhotarkheda. One Chand Choudhary came to his house and told that he found Riyaz sitting by the side of road in injured condition, then he brought Riyaz at the house of Navab. Water was provided to Riyaz. He called Sahebkhan and sent Riyaz to the hospital of Dr. Badar. Thereafter he was taken to Dr. Adoni. Deceased was referred to Amravati. He died during treatment in the hospital of Dr. Sawadekar. (iii) After death of Riyaz, his father Abdul Nasheem Sheikh Maheboob lodged report in Police Station, Paratwada. He has stated in his report that he came to know about the incident after the death of Riyaz. On the report of complainant (Exhibit 29), crime was registered against the accused persons. P.W. 8 Police Inspector, Bawiskar investigated the crime, went to the spot of incident, prepared spot panchanama and recovered the articles i.e. sticks etc. from the accused and after complete investigation, filed chargesheet before the Court. (iv) Charge was framed at Exhibit 14 for the offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code. Prosecution has examined 8 witnesses. Statements of accused were recorded under Section 313 of the Code of Criminal Procedure. After hearing the prosecution and defence, trial Court acquitted all the accused, hence, the present appeal by the State.
(3.) Heard learned Additional Public Prosecutor Mrs. Joshi for the appellant/State. She has submitted that evidence on record not properly considered by the trial Court and prayed to allow the appeal.;