- (1.) The Appellant/State has preferred this Appeal against the Judgment and Order dated 14/10/1992 passed by the learned 3rd Additional Sessions Judge, Kolhapur, in Sessions Case No. 81 of 1988. By the said Judgment and Order, the learned Additional Sessions Judge acquitted all the Respondents/original accused Nos. 1 to 9 of the offences punishable under Sections 147, 148, 149, 324 and 302 of Indian Penal Code. Facts giving rise to the prosecution case in brief may be stated as under. That incident occurred on 17/01/1988 at about 8.00 a.m. at Village Nandgaon in the area known as Kharadewadi. On the previous day of incident, Shankar, a villager, had been to Police Patil Shripati Dhondi Patil and informed him that Hindurao misbehaved with him. Police Patil asked Shankar to settle the matter. On the day of incident, villagers were called in front of the house of Sarpanch accused No. 1. Police Patil questioned Hindurao why did he abuse Shankar. On that there was hot exchange of words. Then PW9 Rangrao and deceased Tukaram Balu Gurav intervened. Seeing them, Hindurao and accused No. 1 hurled filthy words to Tukaram. In the meantime, accused Nos. 1, 2 and Hindurao rushed to Tukaram and started assaulting him with an axe, spears and sticks. As a result, Tukaram died. Police Patil lodged report to Shahuwadi Police Station. Investigation was set into motion. Accused were arrested. On completion of investigation, charge-sheet came to be filed.
(2.) Charge came to be framed against the Respondents/accused Nos. 1 to 9 under Sections 147, 148, 302, 324 read with 149 of IPC and in the alternative under Sections 302 read with 34 and under Sections 324 read with 34 of IPC. Respondents pleaded not guilty to the charge and claimed to be tried. The defence of Respondents was of total denial. According to them, there was enmity due to elections in the village and complainant concocted plan to take revenge against the Respondents/accused so they were falsely implicated.
(3.) On going through the evidence adduced in the case, learned Additional Sessions Judge acquitted the Respondents of the offences as referred hereinbefore. Hence this Appeal.;