STATE OF MAHARASHTRA Vs. MADHUKAR GOVIND PAKHARE

JUDGEMENT

(1.) The State has filed this appeal against the acquittal of the respondent who was convicted by the trial Court but acquitted by the High Court. This is a case of circumstantial evidence. The circumstances which were relied upon by the prosecution were as under:

(2.) The trial Court did not rely upon circumstances Nos. 2 and 3 but relying upon other circumstances, it convicted the respondent.

(3.) The High Court did not place any reliance upon the recovery of blood stained shirts from the house of the accused as in the panchnama under which they were seized it was not at all stated that there were blood stained on those shirts. On the 'chapals', which were recovered from the house, no human blood was detected. Therefore, no reliance was placed by the High Court on that circumstance also. The High Court doubted recovery of the stone with which the deceased was alleged to have been killed on the ground that the whole story was improbable particularly when it was found from a distance of 1and1/2 furlongs. Moreover, the prosecution had failed to establish where the incident had taken place.