STATE OF MAHARASHTRA Vs. DINKAR BALKRISHNA PALANDE

JUDGEMENT

(1.) THIS is an appeal filed by the State seeking to quash and set aside the Judgment and Order passed by the Sessions Judge, Ratnagiri on 28. 4. 1988 in Sessions case No. 11 of 1987, acquitting the respondent {hereinafter referred to as "accused") of the charge under Section 302 of the Indian Penal Code.

(2.) THE prosecution case is as under:

(3.) AFTER the case was committed to the Court of sessions, the Trial Court framed a charge under Section 302 of the Indian Penal Code. The prosecution examined in all eight witnesses to bring home the charge. P. W. No. 1 was the doctor who had conducted a postmortem on the dead body of Vidya. P. W. No. 2 was the father of the deceased Vidya and P. W. Nos. 3 and 4 were neighbors to whom oral dying declaration was said to have been made by Vidya. P. W. No. 5 was the mother of vidya, P. W. No. 6 was the witness who was friend of vidya. P. W. No. 7 was the Sarpanch of the village before whom an extra judicial confession was said to have been made by the accused. P. W. No. 8 Vilas Bhosale was P. S. I, attached to Lanja Police Station who was the investigating Officer in the case. The defence did not lead any evidence. But from the 313 Statement, it appears that the defence of the accused was of total denial. After recording the 313 statement and perusing all the materials on record, the Trial Court passed the impugned Judgment and order acquitting the accused from the charge leveled against him.