STATE OF MAHARASHTRA Vs. SUJAY MANGESH POYAREKAR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed against the order passed by the High Court of Judicature at Bombay on June 12, 2007 in Criminal Application No. 1390 of 2007. By the said order, the High Court refused to grant leave to appeal to the State against an order of acquittal recorded by III Ad hoc Addl. Sessions Judge, Palghar on January 16, 2007 in Sessions Case No. 148 of 2003.

(3.) Short facts of the case are that complainant-Rajan Mukund Patil is the resident of Chinchani, Bhandar Ali, Taluka Dahanu, District Palghar, Maharashtra. He is a practising advocate at Dahanu Court. According to the prosecution, on June 07, 2003, complainant had gone to Dahanu Court. In the evening, he went to Vangaon by train and therefrom he was to go to his residence at Chinchani. For that purpose, he went to Dahanu Railway Station at about 6.00 p.m. and boarded Firozpur Janta Train. He reached Vangaon at 6.15 p.m. On platform No. 2, he saw Deepa Gajanan Patil who was going to Mumbai. The complainant was knowing her. He, therefore, asked her as to where she was going. She told the complainant that she had come to receive her father. Meanwhile, accused Sujay Mangesh Poyarekar-respondent herein alighted from Virar-Surat shuttle. The accused came near the complainant and asked him why he was standing there and started abusing him. The accused also alleged that the complainant was flirting with his wife. So saying, the accused assaulted the complainant with knife in his stomach, on right shoulder, below left armpit and on back-side. The complainant received injuries. He immediately went to Station Masters cabin. In the meanwhile, his sister Charushila and one Hitendra came there and took complainant to the Vangaon Government Hospital. Later on, police went to the hospital and recorded statement of the complainant.