STATE OF MAHARASHTRA Vs. UTTAM KHANDU SALVE

JUDGEMENT

(1.) The State of Maharashtra being aggrieved by the judgment and order dated 14th July 2003 passed by the Adhoc Additional Sessions Judge, Nashik thereby acquitting the accused for the offence punishable under section 302 of the Indian Penal Code and convicting him for the offences punishable under section 323 and 504 of the Indian Penal Code has filed the present appeal.

(2.) The facts which are unfolded by the prosecution are as follows :-

(3.) At the trial, the prosecution examined 8 witnesses to bring home the guilt of the accused. However, the material witnesses are P.W.1 - Pratibha Umale, the complainant - the daughter of the deceased. Most of the witnesses have resiled from their earlier statements and therefore, the material witnesses are P.W.1, P.W. 6, P.W. 7 and P.W. 8. P.W. 6 - Manoj Pimpalse resides in the neighbourhood, P.W.7 - Tanhaji Sawant is the Investigating Officer and P.W. 8 - Shailendra Patil is the Medical Officer who performed autopsy and has proved post-mortem notes and the opinion given at the instance of the Investigating Agency.