JUDGMENT :

S. S. Shinde, J.

1. Keeping in view the law laid down by the Supreme Court, we have heard and considered this Appeal preferred by the Appellant/State against acquittal of the Respondents/Accused of the offence punishable under Section 302 r/w 34 of the Indian Penal Code by the judgment and order dated 08/10/2002 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.1382 of 1998.

2. The case of the prosecution, in brief, can be stated thus :-

One Mr. Krishna Govind Choudhari, the Asstt Police Sub Inspector then attached to Aarey Sub Police Station, Moracha Pada Unit No.30, Aarey Colony, Goregaon (East) Mumbai 65, is the complainant. On the date of incident i.e. on 16/09/1998 at about 00.5 hrs in the night or so, he along with other police constables were on patrolling duty. They stopped their mobile van at Dinkarrao Desai Marg, Picnic Point near Aarrey Colony Chowk and started checking and verifying in-coming and out-going cars in the street light. At that time, the complainant had seen one car coming from Unit No.25 towards Dinkarrao Desai Road. At that time the road was lonely and therefore he decided to stop the said car. Accordingly he stopped the sa