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2005 Supreme(Bom) 1613

J.N.PATEL, R.C.CHAVAN
State of Maharashtra – Appellant
Versus
Maroti Shivaji Sakarage – Respondent


Advocates appeared
Shri. A. D. SONAK, A.P.P., for Appellant/State.
Shri. A.V. GUPTA, Advocate, for Respondents.

R.C. CHAVAN, J.:- Being aggrieved by respondents' acquittal by the learned Additional Sessions Judge, Pusad for an offence of murder, the State has preferred the present appeal.

2. The facts which led to the prosecution of four respondents are as under :Deceased Anandrao was married to P.W. No.4 Kashibai. Accused No.1 Maroti, Accused No.2 Namdeo, Accused No.4 Bapurao are cousins of Kashibai and Accused No.3 Ganpat is her uncle. Kashibai had a younger sister by name Suwarnamala who died by drowning after she was married. Accused Nos.1 to 4 killed Anandrao on 5-4-1989 in the village Krishnapur by inflicting blows by an axe and sticks. Anandrao was lying in injured condition and was spotted by his relatives who took him to police out post, and then to Dr. Chinnawar, who pronounced Anandrao dead.

3. On a report by victim's cousin Madhav, an offence was registered and investigation started. In course of investigation, the police performed inquest and sent dead body for post-mortem examination. They performed panchanama of spot, recorded statements of witnesses, seized incriminating articles and arrested and charge-sheeted the accused before the learned Judicial Magistrate, First Class, Um














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