JUDGMENT - MOHITE R.S., J.:---This is an appeal filed by the State against the judgment and order passed by the II Additional Sessions Judge, Thane on 14-1-1992 in Sessions Case No. 229 of 1991 acquitting the three accused of offences punishable under sections 452 and 302 read with 34 of Indian Penal Code.

2. The brief facts of the prosecution case are as under:

(a) That, deceased Prakash Gopal Wagh was a builder residing at Kalwa and had constructed two buildings in the said area. Accused No. 3 Dinesh was another builder who had constructed a building by name Gurukripa by the side of the buildings constructed by deceased Prakash. Waste and sewerage water was flowing from the building of accused No. 3 towards the buildings of deceased Prakash and in order to stop this nuisance deceased Prakash had constructed a wall about 15 days prior to the date of the incident i.e. 15-1-1991. Construction of this wall was a bone of contention between the parties and accused Nos. 1 to 3 had discussed the matter with deceased Prakash.

(b) P.W. No. 1 Lata Pandurang Chavan is the real sister of the deceased. She is married lady and resides at some other place at Kalwa. According to her, on 14-1-1991,

Click Here to Read the rest of this document