The main legal point established in the judgment is that the reliability of eye-witness testimonies, minor discrepancies in evidence, and delay in recording statements of eye-witnesses should be considered in the context of trustworthiness and should not be unduly emphasized to reject the prosecution's case.

JUDGMENT

AMIT B.BORKAR,J. - Through this appeal the appellant-State of Maharashtra challenges the judgment and order passed by the Additional Sessions Judge-IV, Akola in Sessions Trial No. 35/2015 dated 05.03.2018 thereby acquitting all respondents of the charge of commission of offences punishable under Sections 143, 147, 148 and 307 read with Section 149 and 302 of the Indian Penal Code.

2. In short, the prosecution case runs as under :-

Bhushan Mahadeorao Ingle (PW14) was the owner of Jairaj Wine Bar situated at Akola. The informant-Sachin Ashok Nandane (PW4) and Sunil @ Chotu Narayan Dhopekar (deceased) were working as Manager in the said bar. On 12.08.2014, accused Satish Khandare, Sagar Uparwat and four others came in the bar when the Informant was present. They had food, liquor and their bill was Rs. 3870/-. When the Informant demanded the amount of the bill from Satish Khandare, he told informant to keep the said amount as credit in his account. There was argument between the Informant and the accused Satish Khandare and Sagar Uparwat over the payment of the bill. At that time, Sunil (deceased) came there and Satish Khandare and Sagar Uparwat abused Sunil (deceased). They left the bar without making the payment of the bill. While leaving the bar they threatened Sachin and Sunil they will see what happens in the night.

3. At around 9.00 p.m. on 12.08.2014, when the Informant and Sunil(deceased) were present at the counter of the bar and Vinod Sawadkar, Pradip Arakhrao (PW13), Bhaskar Shende, Ramdas Lod, Raju Damodar (PW5) and Tushar Sange (PW1) were present in the bar. Accused-Satish Khandare, Sagar Uparwat and four others came in the bar, accused Satish Khandare and Sagar Uparwat were holding pipes and other four were holding Bamboo sticks. Accused suddenly started assaulting Sunil (deceased) with the said weapons. Accused Satish Khandare and Sagar Uparwat gave blow of pipes on head of Sunil (deceased). The Informant and others tried to intervene but, other four assailants assaulted them. Due to assault by the accused, Sunil(deceased) sustained bleeding injury on his head and he fell down near the counter. Even thereafter all the assailants assaulted Sunil(deceased) and ran away from the spot. Out of four unknown assailants, one of the assailant assaulted Pradip Arakhrao (PW13) with stick. It is alleged that since Sunil (deceased) lodged report of the incident which had occurred in the afternoon, the accused assaulted Sunil(deceased). Sunil (deceased) was admitted to Sahara Hospital at Akola by the Informant and thereafter the Informant went to the Police Station, Old City, Akola and lodged report. On the basis of the report of the Informant, the Police Station Officer registered the offence vide Crime No. 188/2014 for the offence punishable under Sections 143, 147, 148, 149, 326 and 324 of the Indian Penal Code against Satish Khandare, Sagar Uparwat and four other unknown persons. The Police Officer started the investigation. The Investigating Officer carried out spot panchnama, inquest panchnama and test identification parade through Executive Magistrate. The Investigating Officer seized incriminating weapons, clothes, blood samples under the seizure panchnama. The Investigating Officer referred incriminating articles to Regional Forensic Science Laboratory.

4. The Investigating Officer initially registered offence punishable under Section 307 of the Indian Penal Code but, thereafter since Sunil died, the Investigating Officer added Section 302 of the Indian Penal Code. After completion of the investigation, charge-sheet came to be filed against the accused for the offence punishable under Sections 147, 148, 149, 323, 326, 307, 302 and 109 of the Indian Penal Code.

5. Charges were framed against the accused, for which they pleaded not guilty and claimed to be tried. During the trial, the prosecution examined 19 witnesses, 4 of them namely Tushar Sange (PW1), Raju Ingle (PW3), Raju Damodar (PW5) and Pradip Arakhrao (PW