JUDGEMENT :

S.S. SHINDE, J.

1. This appeal challenges the judgment and order passed by the learned Adhoc Additional Sessions Judge, Pune dated 20th December, 2002, in Sessions Case No.192 of 2001, thereby acquitting the Respondents – accused for the charges under sections 307, 34 of the Indian Penal Code and under section 37(1), 135 of the Bombay Police Act.

2. The prosecution case in brief is as under:

The complainant Ramesh Belaram Ahuja was running a lottery centre at Pune. On 2.2.2001, in the evening at 4.30pm, 10 to 15 persons alongwith accused No.1 Suresh Rupija came to his shop to collect Gujarat Earthquake Relief Fund. At that time, some altercation took place between the complainant and accused No.1 Suresh and complainant uttered the words addressing the accused ‘not to bark like a dog’. Therefore, accused Suresh asked his companions not to take contribution from the complainant and accordingly, they went away.

Thereafter, on 15.2.2001, at about 9.30pm, the complainant after closing his shop, was proceeding towards his house on his motor cycle on Tilak Road when near a furniture shop, a rickshaw came from behind and someone from that rickshaw, entangled a stick in the front whe