SANJAY CHINTAMAN PATIL Vs. PUNA AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by the original complainant Sanjay Chintaman Patil (P.W.4) against the acquittal of respondent no. 1 i.e. original accused (hereinafter referred to as "accused") in Sessions Case No. 16/2008, as per the judgment of the Additional Sessions Judge, Amalner, District Jalgaon, dated 30.7.2010.

(2.) THE case of the prosecution in short is as follows :

(3.) AGAINST the acquittal, the original complainant has filed this appeal. Grounds have been raised and it has been argued for the complainant that the trial Court did not properly appreciate the evidence. There was evidence of the witnesses P.W.4, P.W.7, P.W.10 and P.W.11 regarding the accused being last seen with the victim in the evening of 25.3.2008. There was motive proved from the evidence of P.W.4 and P.W.10 which was that the accused had borrowed money from the victim and as the victim was after the accused to return the money, the accused murdered the victim. The prosecution had proved that the accused had killed the victim by using axe and thrown the same in isolated place from where later on it was discovered at the behest of the accused and even this fact was established. The prosecution had further proved that the accused had injuries indicating scuffle for which he had gone to P.W.9 -Dr. Vijay Pawar in the morning of 26.3.2008 and the injuries were recorded and the same were proved from the evidence of P.W.5 -Dr. Sachin. Thus, according to the complainant, the accused was liable to be convicted.