PARAJI HARIBHAU PUND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dtd. 10/11/2014 passed by the Additional Sessions Judge, Ahmednagar, in Sessions Case No. 177 of 2013.

(2.) Brief facts giving rise to the prosecution story are as follows:-

(3.) Learned counsel for the appellants-accused submits that the prosecution has examined P.W.2 Dr. Gorakhnath Gaikwad. P.W.2 Dr. Gaikwad has noted four external injuries on the dead body of deceased Dattatraya. All external injuries are in the nature of contused abrasions and considering the size of those injuries, the possibility that deceased Dattatraya accidentally slipped in the well cannot be ruled out. Learned counsel submits that P.W.2 Dr. Gaikwad has also admitted in his cross examination that the injuries mentioned in column No.17 of the post mortem report are possible due to coming into contact with rough wall of well made of stones. P.W.2 Dr. Gaikwad has further admitted in the cross examination that there is difference in throwing one in the well and a person falling in the well by himself. If a person is thrown by others, he will fall in the middle of well. If a person falls on the iron foundation in the well due to slipping of leg, such type of injuries as mentioned in the post mortem report are possible.