STATE OF MAHARASHTRA Vs. SUJAY MANGESH POYAREKAR

JUDGEMENT

(1.) The State has preferred this Appeal against the judgment and order of acquittal dated 16th January 2007 passed by the IIIrd Ad hoc Additional Sessions Judge, Palghar, District, Thane, acquitting the Respondent of charge of offence punishable under Sections 307, 504 of the Indian Penal Code.

(2.) Facts of the case are that complainant-Rajan Mukund Patil is the resident of Chinchani, Bhandar Ali, Taluka Dahanu, District Palghar, Maharashtra. He is a practising Advocate at Dahanu Court. According to the prosecution, on 7th June 2003, complainant had gone to Dahanu Court. In the evening, he went to Vangaon by train and therefrom he was to go to his residence at Chinchani. For that purpose, he went to Dahanu Railway Station at about 6.00 p.m. and boarded Firozpur Janata Train. He reached Vangaon at 6.15. p.m. On platform No. 2, he saw Deepa Gajanan Patil who was going to Mumbai. The complainant was knowing her. He, therefore, asked her as to where she was going. She told the complainant that she had come to receive her father. Meanwhile, accused Sujay Mangesh Poyarekar-respondent herein alighted from Virar-Surat shuttle. The accused came near the complainant and asked him why he was standing there and started abusing him. The accused also alleged that the complainant was flirting with his wife. So saying, the accused assaulted the complainant with knife in his stomach, on right shoulder, below left armpit and on back-side. The complainant received bleeding injuries. He immediately went to Station Master's cabin. In the meanwhile, his sister Charushila and one Hitendra came there and took the complainant to the Vangaon Government Hospital. Later on, police went to the hospital and recorded statement of the complainant.

(3.) On the basis of the statement, initially C.R. No. 0/2003 was registered in Vangaon Police Station. The said complaint was then forwarded to Palghar Railway Police Station where C.R. No. I-9 of 2003 was registered at 23.00 hours vide Station Diary No. 42 of 2003 for offences punishable under Sections 307 and 504 of the Indian Penal Code (IPC). The accused was arrested at about 23.45 hours and was released on bail on 12th June 2003. After usual investigation and recording of statement of witnesses, charge-sheet was filed in the Court of Judicial Magistrate First Class, Railway, Virar.