STATE OF MAHARASHTRA Vs. HAJIMALANG LALASAHEB MULLA

JUDGEMENT

(1.) This appeal is filed by the State challenging judgment and order of acquittal dated 17th April 2002 passed in Sessions Case No.58 of 1996 by the learned IVth Additional Sessions Judge, Pandharpur, for the offence punishable under Section 395 read with 397 of the Indian Penal Code,1860 ('IPC' for short).

(2.) It is the case of prosecution that the informant at the relevant time was a practicing doctor of Village Marwade, Taluka Mangalvedha, Pandharpur. One Dr.B.N.Mulla was an old practicing doctor there. As the informant started getting more patients than Dr.B.N.Mulla, the latter got annoyed.

(3.) On 3rd November 1995, while the informant was closing his dispensary, one unknown person came and requested him to examine a patient by name Sangolkar, aged 70 years of Mouze Kagasht, who was suffering from Asthma. The informant along with that person and his assistant namely Sukhdev Tipanna Kengar (PW5) on his bike started proceeding towards the said village. It was around 7.00 p.m.