Bombay High Court
The State Of Maharashtra vs Prabhakar @ Rana Shivaji Paithane on 5 July, 2023
Bench: V. V. Kankanwadi, S. G. Chapalgaonkar
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915 sr.no..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLN. FOR LEAVE TO APPEAL BY STATE NO.24 OF 2021
THE STATE OF MAHARASHTRA
VERSUS
PRABHAKAR @ RANA SHIVAJI PAITHANE
...
Advocate for Appellant :Mr. S.J. Salgare, APP
APP for RespoAPPLN. FOR LEAVE TO APPEAL BY STATE NO.24 OF 2021
THE STATE OF MAHARASHTRA
VERSUS
PRABHAKAR @ RANA SHIVAJI PAITHANE
...
Advocate for Appellant : Public Prosecutor
CORAM : SMT. VIBHA KANKANWADI
& S.G. CHAPALGAONKAR, JJ.
DATE : 5TH JULY, 2023
P.C.:-
Present application has been filed seeking leave to appeal
under Section 378(1)(b) of the Code of Criminal Procedure to file appeal
challenging the judgment and order of acquittal of respondent by learned
Sessions Judge, Parbhani in Sessions Case No. 122 of 2018 for the
offence punishable under Section 302 of IPC on 20.1.2021.
2. Heard learned APP Mr. Salgare. With his able assistance we
have gone through the entire material which was before the trial court.
3. The prosecution story in short is that, one Rahul Budge,
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915 sr.no..odt
Santosh Budge, Akash Kamble, Harshwardhan Hattiambire, Balaji
Pundge, Buddhabhushan Hattiambire were proceeding towards the
country liquor shp. The accused demanded money to Santosh Budge for
purchasing liquor. However, Santosh said that he is not having money.
The accused abused him and started giving fists and blows. Others were
about to saparate them, but the accused took out a knife from his waist
and gave a blow of the same on the right side of the chest of Santosh and
thereafter, taking the knife the accused fled away from the spot. The
other persons took Santosh to Government Hospital but as his condition
was serious, he was shifted to Spandan Hospital. After some time he was
declared dead.
4. Rahul Budge lodged the FIR and investigation was
undertaken. The incident is stated to have taken place on 26.6.2015
around 9.00 p.m. However, record shows that he accused was
absconding and came to be arrested on 13.11.2018. Thereafter, he
discovered the knife and after completion of the investigation, the charge
sheet was filed.
5. The prosecution has examined in all 8 witnesses to bring
home the guilt of the accused. After considering the evidence and
hearing both the sides, the learned Sessions Judge, Parbhani has
acquitted the accused. Hence, the present application.
6. The submissions in nut-shell on behalf of the prosecution
are, that the learned trial Judge has not appreciated the evidence
properly. The prosecution story was supported by two witnesses. PW-1
Rahul and PW-4 Buddhabhuan. However, the learned Sessions Judge
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915 sr.no..odt
has unnecessarily given importance to the testimony of PW-3 Narayan on
the pretext that he is an independent witness and has turned hostile, so
also, it is stated that the discovery is doubtful as it is after a period of 3
years.
7. It can be seen from the testimony of PW-1 Rahul and PW-4
Buddhabhushan that they have supported the prosecution. Their
presence is stated since beginning. PW-1 Rahul is the person who had
admitted deceased to hospital. It is therefore required to be seen as to
whether on the basis of that since he, as well as PW-4 Buddhabhushan
are the friends of PW-1 Rahul being relatives; whether their evidence
can be so discarded and the testimony on PW-3 can be given importance.
8. The death is due to stab injury, that means, it is homicidal in
nature. The facts appear to have been overlooked which can be taken
note of, at this stage also, that the accused was absconding for 3 years
and on that count whether discovery can be doubted, is also required to
be re-appreciated. Definitely, case is made out for grant of leave to file
appeal.
9. Hence, the order :-
ORDER
The application is allowed. Leave is granted to file appeal.
Registry to verify and register the appeal.
The appeal is admitted.
Issue notice to respondents.
Call for R. & P. with paper book.
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915 sr.no..odt
Notice as well as paper book are made returnable on
22.8.2023.
Compliance under Section 390 of Cr.P.C. be made.
[S.G. CHAPALAONKAR] [SMT. VIBHA KANKANWADI]
JUDGE JUDGE
grt/-
