STATE OF MAHARASHTRA Vs. GOVIND MHATARBA SHINDE

JUDGEMENT

(1.) The judgment and order of acquittal of the respondent (accused) under section 302 of the Indian Penal Code ("IPC") by the learned Additional Sessions Judge, Sangamner, District Ahmednagar, dated 22nd February, 2008 in Sessions Case No.35 of 2007 is the subject matter of present appeal, filed by the appellant - State.

(2.) The factual matrix of the prosecution case are ;

(3.) To bring home the guilt to accused, prosecution has examined six witnesses. PW 1 Navnath (Exhibit 12) is the son of accused so also complainant. PW 2 is Babasaheb (Exhibit 14) who arrived at the spot after hearing hue and cry of deceased so also took her to the hospital. PW 3 is Dhondiba (Exhibit 16), who also heard hue and cry of deceased and reached to the house of accused. He saw the accused coming out of the house and that the deceased was lying in the pool of blood. PW 4 is Namdeo - Police Constable (Exhibit 17), who carried to the muddemal articles to the Chemical Analyser. PW 5 is Wasim Pathan, Circle Officer (Exhibit 20), who prepared the map of the spot of incident. PW 6 is Sunil Bacchav, Police Sub Inspector and Investigating Officer (Exhibit 23).