STATE OF MAHARASHTRA Vs. BHANUDAS SONYABAPU MAHANDULE

JUDGEMENT

(1.) Vide instant application, State is seeking permission of this Court to prefer an appeal against judgment and order passed by learned Additional Sessions Judge, Shrigonda, dtd. 23/10/2019 in Sessions Case No. 130 of 2019 by which present respondent is acquitted from charges under Sec. 302, 201 and 506 of Indian Penal Code (IPC).

(2.) Appraising us about the background of the case, learned APP would submit that, on 20/2/2017, deceased Navnath and present accused had indulged in heating exchange of words at around 9:00 p.m.. After deceased Navnath and other family members including his wife Sarika informant went to sleep, at around 5:00 a.m. of 21/2/2017, informant Sarika heard sound of her husband and so she woke up and found appellant Bhanudas was giving blows with iron spade on the head of Navnath as a result of which he fell unconscious. Informant passed information to her near and dear ones and her husband Navnath was taken to hospital, i.e. initially at Civil Hospital, Ahmednagar and thereafter he was shifted to Sassoon Hospital, Pune where he died.

(3.) Learned APP submitted that, wife of Navnath (PW2) i.e. daughter-in-law of accused set law into motion. That, treating doctor as well as autopsy doctor have confrmed injury as well as cause of death. However, learned trial Judge has not considered and appreciated such medical evidence in proper perspective. It is pointed out that death was only because of head injury. That, PW2 in her testimony deposed that after hearing shouts of her husband she woke up and she saw occurrence. Therefore, her evidence was inspiring confdence. However, learned trial Judge has not appreciated her evidence properly. Prosecution had proved spot of incident. Father of informant i.e. PW5 Bhausaheb also was examined. But, even such evidence has not been considered and appreciated by learned trial Judge and according to learned APP the impugned judgment and order being perverse, it is sought to be challenged by State and hence prayers for leave.