STATE OF MAHARASHTRA Vs. BHAGWAN SUKHADEO BHANDALKAR

JUDGEMENT

(1.) The instant criminal Appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred by the State assailing the judgment and order dated 17th January, 2004 passed by the 8 th Additional Sessions Judge, Pune in Sessions Case No.225 of 2003, whereby the respondent-accused was acquitted of the charge under Section 302 of the Indian Penal Code ('IPC' for short).

(2.) The facts as brought out in the case of prosecution are that:

(3.) Pw-5 during the course of investigation visited the place of occurrence and drew spot panchanama (Exh. 21) and recorded statements of witnesses. As the deceased succumbed to the burn injuries, he got the postmortem done and converted the crime from 307 of IPC to 302 of IPC and after completion of investigation PSI J.V. Mandlik charge-sheeted the accused.