THE STATE OF MAHARASHTRA Vs. BAJIRAO KONDI PATIL

JUDGEMENT

(1.) The State has preferred this Appeal against the order of acquittal dated 30th April, 1996 recorded by the IInd Additional Sessions Judge, Sangli in Sessions Case No. 211 of 1995 whereby he acquitted all the three accused of the offences punishable under Sections 147, 148, 307 and 326 read with Section 149 of the Indian Penal Code and of the offence punishable under Section 30 of the Indian Arms Act.

(2.) The gravamen of the charge is that, accused nos. 1 to 3 alongwith two unknown persons on 8th July, 1995 at about 8.30 p.m. at Village-Yede-Nipani in the area of 'Gurav Galli' formed an unlawful assembly, the object of which was to commit murder of Shivaji Ganpatrao Jadhav. In pursuance of the said common object, all the accused were armed with swords, sticks and stones and to be used as weapons to commit the offence which was likely to cause death. It was alleged that, during the said period, an attempt was made by all the accused to commit murder of Shivaji by means of swords, stones and sticks. It is alleged that, they caused grievous hurt as was likely to cause death of Shivaji and that they were found to be possessing the weapons contrary to the provisions of the Arms Act.

(3.) Shivaji Ganpatrao Jadhav (P.W.7), victim is also from Village-Yede-Nipani, Taluka-Walwa, District-Sangli. Accused nos. 1 and 2 are father and son who were residing near the house of the victim, Shivaji. Accused No. 3 is also their relative. It is the prosecution's case that, victim Shivaji was residing with his mother Akkatai, his wife and children at Village-Yede-Nipani.