STATE OF MAHARASHTRA Vs. NITIN SOPAN GOTHE

JUDGEMENT

(1.) THIS is an appeal filed by the State against the Judgment and order passed by the 7th Additional sessions Judge, Pune on 26. 12. 1991 in Sessions Case no. 336 of 1990 acquitting the accused of the charges under Section 307,324,323 read with 34 of the Indian penal Code.

(2.) THE brief prosecution case was as under:

(3.) AT the trial, 'the prosecution examined in all seven witnesses to prove its case against the accused. , the defence of the accused was one of total denial. The Trial Court after considering the evidence on record was pleased to acquit the accused for reasons stated in the Judgment. We have perused the evidence ourselves and we find that there are material infirmities in the evidence which may be summarised as under