STATE OF MAHARASHTRA Vs. VIJAY BABRUHAN DHANKUDE

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 22nd April 1999 passed by the learned Additional Sessions Judge, Pune acquitting all the Accused / Respondents herein for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code.

(2.) The prosecution case, in brief, is as under:

(3.) Learned APP appearing for the State invites attention of this Court to the medical evidence so also evidence of Vanita (P.W. 1) who is wife of the Accused no. 1. It is submitted that, she has categorically deposed that her husband Vijay twice dashed child on the surface of the cot and as a result she died. Learned APP invites attention of this Court to the evidence of P.W. 1 Vanita, medical evidence of Dr. Chandrakant Garudkar and evidence of Dr. Sudhir Digambar Nandedkar (P.W. 4) and submits that, if the evidence of Vanita (P.W. 1) is considered in its entirety, the same is trustworthy, reliable and can safely be relied upon to base the conviction of the accused. It is submitted that, the ocular evidence of Vanita (P.W. 1) gets corroboration from the medical evidence of Dr. Sudhir Digamber Nandedkar (P.W. 4). It is submitted that, Vnita (P.W. 1) has no reason to falsely implicate her husband Vijay in the alleged commission of offence therefore, relying upon notes of evidence of the prosecution witnesses learned APP submits that, Appeal deserves to be allowed.