THE STATE OF MAH Vs. KISHOR WALMIK DUDHKOHALE

JUDGEMENT

(1.) The State has filed the present appeal against the judgment of acquittal in Sessions Case No.128/2008. The case of the appellant/prosecution in short is as under: P.W.1 Natthu Nehare along with Kishor Dudhkohale, Sudhakar Aade, Barshiram Sahare, Viju Gurnule had gone for labour work at Dhamangaon. After obtaining wages of labour they were returning to their respective villages by passenger train at about 09:00 p.m. there was altercation between Sudhakar Aade and accused Kishor.

(2.) They all boarded in passenger train. They were sitting in the same bogie. The quarrel was going on in between Sudhakar and Kishor. Sudhakar sat in the door of the bogie. Kishor followed him and from his back kicked him due to that Sudhakar Aade fell down from the train. The said incident took place in between Railway Station Kawatha and Pulgaon. The train was in running condition. Near Railway Station Kawatha, when the train was slow down, that time accused Kishor get down from the running train and he ran away. When the passenger train reached at Wardha Railway Station, the said Natthu and others get down from the train. They went to their respective villages.

(3.) On the next day morning complainant Natthu Nehare lodged the report at Exh.12 at Police Station Pulgaon. P.W.3 PSI Zingre investigated the crime and filed charge-sheet before the Judicial Magistrate First Class, Pulgaon the same was committed to Court of Session at Wardha.