AGUIAR, J. - (1.) THROUGH this Appeal under section 378 (1) of the Criminal Procedure Code the State of Maharashtra has impugned judgment and order dated 19/11/1985 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 112 of 1985 acquitting all the accused of the offences punishable under sections 147,148,149,302 and 304 of the I. P. C. and also of the alternative charges.
(2.) BRIEFLY stated the prosecution case as narrated by Kamlabai Govinda Ahire (P. W. 1) is that accused Nos. 1 to 10 and the deceased Govinda were close relatives i. e. brothers and nephews and they all resided in houses adjacent and/or nearby to each other in the said village. It appears that there were two parties in the village one headed by Kashinath Shivram Ahire and the other consisting of accused persons. The accused persons did not like the deceased working for Kashinath. As he owed allegiance to Kashinath Ahire the head of the opposite party, and threatened that they would kill Govinda if he continued to work for Kashinath. Govinda used to tell them that he would join the party of the accused persons provided the dispute over his daughter was settled. On the night of 12. 6. 1985 at about 8. 30 p. m. some persons were throwing stones at the house of Govinda, his wife Kamlabai (P. W. 1) enraged by this asked the miscreants to stop throwing stones at the house and to come forward and beat them. Thereafter the stone throwing stopped. Next morning at about 6. 00 a. m. Govinda's daughter Vijayabai prepared Bhakri (bread) and gave them to her father Govinda for taking along with him to his place of work viz. the field of Bhiwa Trimbak Ahire. As Govinda stepped out of the house with his bundle containing bread he was stopped at the door by accused No. 1 who held his arms and started dragging him towards the electric pole. Thereafter accused 2 to 9 also arrived and they all dragged Govinda and while doing so they also beat and then tied him to a pole with a rope and again beat him with small sticks. Kamlabai (P. W. 1) tried to save her husband Govinda but accused No. 4 held her hands and slapped her. At that time daughter Vijayabai was at the door and she witnessed the incident. Several villagers also assembled. Thereafter Kamlabai (P. W. 1) went to outpost at Jaikheda and returned with the police. However in the meantime police officer A. S. I. Kulkarni had arrived there from Jaikheda. Kamlabai (P. W. 1) saw her husband Govinda lying on the cot and found that he was dead. It appears that Mothabhau Kashinath Ahire a distant nephew of Bhiva Ahire had gone to the police station at Jaikheda and informed the police in writing about the incident. Hence A. S. I. Kulkarni from the Jamkheda police station reached the scene of offence prior to Kamlabai. On the arrival of Kamlabai-P. W. 1 at the scene of offence ASI Kulkarni recorded her statement (FIR) and drew inquest panchnama of the scene of offence and sent the dead body to Satana for post mortem examination. At about 3. 00 p. m. Z. V. Patil a police sub inspector of Jamkheda visited the village and took over the investigation from A. S. I. Kulkarni and accused Nos. 1 to 7 were arrested on the same day. Statements of witnesses were recorded on that day. Accused 8 and 9 were arrested on 15. 6. 1985. On the next day i. e. on 16. 6. 85, the police recovered the sticks and rope under panchnama at the instance of accused Nos. 2,8 and 9 and on 18. 6. 1985 accused No. 10 was arrested. Thereafter investigation was taken over by PSI Sonawane who in due course submitted the charge sheet before the trial Judge. The defence of the accused is one of total denial. The accused also made a suggestion to the effect that the deceased Govinda was murdered as he was caught red handed by his master Bhiva (P. W. 4) having illicit relation with the wife of his master Bhiva Ahire on the previous night; and that dead body was placed on a cot much before sun rise and that Mohta Bhau had misled the police and falsely implicated the accused as they belonged to rival camp.
(3.) DURING the trial the prosecution has examined in all 7 witnesses, the star witness being Kamlabai (P. W. 1) widow of the deceased Govinda Ahire, Bhiva Ahire (P. W. 4) who is employer of the deceased and Mohta Bhau K. Ahire (P. W. 6) who is distant nephew of P. W. 4 Bhiva Ahire and Medical Officer Dr. S. M. Nawal (P. W. 3) who opined that the death of Govinda is homicidal and that all the injuries which resulted in the death of Govinda could have been caused by sticks which have been recovered under the panchnama were also examined by the prosecution. As stated earlier the motive attributed by the prosecution to the accused for the murder of Govinda is that the deceased Govinda had left the party of his brothers and nephews and joined the opposite camp headed by Ahire. The learned trial Judge after assessing the evidence of the said witnesses has reached the conclusion that the prosecution has failed to bring home the charges against the respondents and consequently acquitted them of the same vide impugned order. Hence this Appeal.;