JUDGMENT

S S Shinde, J. - At the outset it is required to be noted that during course of arguments of this Criminal Appeal, much importance was laid on the evidence of PW-12 and since the incident in question is of the year 1989, and PW-12 got married subsequent to the incident and she is now residing at her matrimonial life, her identity needs to be concealed and she is referred to as "PW-12" in this judgment. The Registry is directed to maintain the record accordingly.

2. This appeal takes an exception to the judgment and order passed by the 2nd Additional Sessions Judge, Satara on 19.05.1997 in Sessions Case No. 126 of 1990, thereby acquitting the accused under Section 109, 120 (B), 302, 307, 201 read with 34 of Indian Penal Code (for short "IPC") & 25 (i) (6A) of Arms Act, 1959.

3. The prosecution case, in brief, is as under:-

Complainant Vivek Shinde is a resident of village Beldare and at the relevant time he was taking education in Sy. B.Com., at Venutai Chavan, College, Karad. At the relevant time, he was residing with his aunt Sou. Savitri w/o Shivaji Garud in revenue colony Karad. Deceased Pravin Sabale was basically from Sabalewadi (Maldhan) and he was also taking educati