STATE OF MAHARASHTRA Vs. SUDHIR UTTAM GANGAWANE

JUDGEMENT

(1.) Present application has been filed by the prosecution seeking leave under Sec. 378 (1)(b) of the Code of Criminal Procedure, 1973 to file appeal challenging the Judgment of acquittal dtd. 13/2/2019 passed by learned Additional Sessions Judge, Ahmednagar in Sessions Case No.99/2017, thereby acquitting respondent - original accused from the offence punishable under Sec. 302 and 323 of the Indian Penal Code, 1860.

(2.) Heard learned APP Mr. A.M. Phule for the prosecution and with his help we have gone through the record which was available before the learned Trial Judge.

(3.) The prosecution story, in short, was that - deceased Uttam Daulat Gangawane was the father of accused - respondent. Deceased was residing with his wife and accused at village Ghotan, Tq. Shevgaon, Dist. Ahmednagar. Accused was not doing anything to earn, but he used to demand money from the parents for drinking liquor. Whenever they were not giving money to him, the accused used to assault them. When the parents as well as accused were in the house on 23/3/2017 at night time i.e. after dinner, it is alleged that deceased went to sleep and his wife Dayabai was washing utensils. She heard the loud noise of the husband and, therefore, went inside and then saw that husband was lying in the bed in injured condition and son i.e. accused was standing holding knife in his hand and was shouting loudly. Deceased had sustained stab injury to his chest and abdomen. Dayabai called two neighbours i.e. Balu Salve and Balu Ghadge. After the Ambulance was called, deceased was shifted to Rural Hospital, Shevgaon and then he was shifted to Civil Hospital, Ahmednagar for further medical treatment. He was operated for the abdominal injuries, however, he succumbed to the injuries around 9.00 p.m. on 24/3/2017. Intimation about the death was given to Tophkhana Police Station. After drawing inquest panchnama, the dead body was referred for postmortem. The First Information Report was lodged by the brother-in-law (brother of wife Dayabai i.e. Vikas Gopinath Kamble) on the basis of information received by him on 25/3/2017.