LAWS(BOM)-2017-9-148

STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, HIWARKHED, TALUKA, TELHARA, DISTRICT AKOLA Vs. DURGABAI SHALIGRAM MOKALKAR

Decided On September 16, 2017
State Of Maharashtra, Through Police Station Officer, Hiwarkhed, Taluka, Telhara, District Akola Appellant
V/S
Durgabai Shaligram Mokalkar Respondents

JUDGEMENT

(1.) The present appeal is directed against judgment and order of acquittal passed by learned Ad hoc Additional Sessions Judge at Akot (District Akola) dated 17.2.2007 in Sessions Trial No.5 of 2006. By the impugned judgment and order, learned Judge of the Court below acquitted the respondent for the offence punishable under Section 302 of the Indian Penal Code.

(2.) We have heard learned Additional Public Prosecutor Shri V.A. Thakare for the appellant/State and learned counsel Shri S.G. Joshi appointed through The High Court Legal Services Sub Committee at Nagpur to represent the respondent/original accused, in extenso. With their able assistance, we have gone through the record and proceedings.

(3.) According to learned Additional Public Prosecutor Shri V.A. Thakare for the appellant/State, the order of acquittal is required to be set aside inasmuch, as according to him, learned Judge of the Court below has completely failed to evaluate the prosecution case as it was brought on record in view of dying declaration Exhibit 32 and oral dying declaration made by deceased to other prosecution witnesses.