STATE OF MAHARASHTRA Vs. MARUTI GOROBA JADHAV

JUDGEMENT

(1.) THIS appeal by State takes exception to acquittal of accused in Sessions Case No. 220 of 1999 by the learned Additional Sessions Judge, Pune before whom he was tried.

(2.) FACTS which gave rise to prosecution of the respondent are as under:- The victim Ashok Janardhan Tupere was known to respondent Maruti Jadhav. Maruti asked the victim as to why victim had canvassed against Maruti in previous election, abused the victim filthily, took out knife from his pocket and stabbed the victim on stomach, chest and thigh. The cries of the victim attracted Sanjay Waghmare, complainant Shankar Dahibhate and others. The accused, who was running away, was chased but could not be caught. The victim was taken to hospital. On the way to hospital, he disclosed that respondent had stabbed him. On a report by Shankar, an offence was registered.

(3.) IN course of investigation, police caused inquest to be performed on dead body, sent it for post-mortem examination, performed panchnama of spot, seized clothes of the victim, recorded statement of witnesses, arrested the accused, recovered knife at the instance of the accused, sent incriminating articles to Forensic Science Laboratory and, on completion of investigation, chargesheeted the accused.