THE STATE OF MAHARASHTRA Vs. SAHEBRAO LAXMAN DAHIWAL

JUDGEMENT

(1.) This Appeal is filed by the State, being aggrieved by the Judgment and Order dated 07.09.1995 passed by the 5th Additional Sessions Judge, Ahmednagar in Sessions Case No. 97/1992.

(2.) The complainant Shantaram Bavaskar and accused knew each other. Accused had a Jewellery Shop in Kopargaon. It is the case of the prosecution that, the complainant had given Rs.85,000/- to the accused. Since the complainant was in need of money, on 28th November, 1990, he requested the accused to pay back amount. The accused assured the complainant part repayment on 4th December, 1990. The complainant went to the shop of the accused on 4th December, 1990 at about 8.30 a.m. to 9.00 a.m. However, accused was not present in his shop. His nephew told the complainant that, the accused is not feeling well, and therefore, he is taking rest at his home. As per the prosecution case, house of the accused was situated at Teen Chari location. The complainant went to the house of the accused on bicycle, which was taken from one Ashok Patil. He reached to the house of the accused at about 10.00 a.m. He kept his bicycle outside the door of the house of the accused. When the complainant entered in the house of the accused, the accused was lying on the cot. According to the complainant, some family members of the accused were present there, including sister of the accused. The complainant did make an enquiry about the illness of the accused. When sister and other family members of the accused went outside the room and when complainant made demand of money, the accused stabbed complainant by knife. The complainant covering the injury with his hand ran away from the room towards road going to Manmad, without taking shoes and bicycle. When the complainant reached to the high way, he requested one motorcycle rider to take him to the Khiloshiya Sweet Mart in the city of Kopargaon. Then the complainant went to Dr. Kothari's Hospital, who was complainant's family Doctor. Dr. Kothari called the complainant's wife and other persons, and then complainant went to the Government Hospital at Kopargaon with wife and other persons, wherein he was was admitted. Police recorded the statement of the complainant.

(3.) The investigation was set in motion, the Police Officer filed the charge sheet and thereafter after recording the evidence and full-fledged trial, the trial Court acquitted the accused. Hence this Appeal.