(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.576 OF 2008 The State of Maharashtra ) (through Kurundwad Police ) Station vide C.R. No.47/2006) )..APPLICANT Versus Dattatraya Pandurang Patil )..RESPONDENT )(Ori.Accused) Mrs. V.R. Bhosale, APP for the Applicant CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 21st April,2008 DATED: 21st April,2008 DATED: 21st April,2008 P.C.: P.C.: P.C.: . The State is in Appeal against the order dated 30th November, 2007 whereby the learned Additional Sessions Judge, Jaysingpur, has acquitted the accused Dattatraya Pandurang Patil of the offence punishable under Section 307 and 341 of the Indian Penal Code. 2. The case of the prosecution was that on 2nd May, 2005 Anil Tukaram Patil was coming on his motor cycle bearing No.MH-09-AN-320 and when he came to village Takali the accused was standing by holding his hands backward on the main road near his house. The accused asked the complainant to stop the vehicle. The complainant stopped the vehicle whereupon the accused started assaulting him by means of axe which had a short handle. In the (-2-) process the accused also took out the gold chain from the complainant’s neck which was weighing about 4 tolas. On account of the blow inflicted the artery in the left hand was damaged. In order to save himself the complainant left the vehicle and went to his relative’s house, wherein he narrated the incident to the uncle who took him to the Dispensary of Dr. J.A. Patil. After examining the complainant the Doctor told that he should be immediately taken to Sangli Civil Hospital. Complaint was lodged on 4th May, 2006 according to the complainant after he regained consciousness. It was also the case of the complainant that he had extended Rs.5,000/- to the accused and he had demanded repayment of the amount in the presence of other public. The accused got annoyed with that and for this reason he committed the offence. 3. After considering the evidence on record the learned Judge came to the conclusion that the case against the accused was not proved beyond reasonable doubt and accordingly acquitted the accused. 4. On behalf of the appellant learned P.P. has sought to contend that the findings by the learned Judge are perverse and, therefore, this is a fit case to grant the application for leave to appeal. 5. We have heard learned A.P.P. and considered (-3-) the evidence on record. As noted earlier, according to the complainant, the place of occurrence was on the road outside the house of the accused. The evidence has come on record that there was blood found in the house of the accused. This was not explained by the prosecution. On the contrary it has come on record through the evidence of P.W.1 Vilas Patil that he had heard the loud voice of the wife of the accused. This was in the context of the allegation that the complainant had entered the house of the accused and tried to outrange the modesty and misbehaved with the wife of the accused. . Apart from that the learned Judge also held that there is no explanation for the delay in lodging the complaint. The incident took place on 2nd May, 2006. The complaint was lodged only on 4th May, 2006. The complaint in the meantime had gone to the house of his relative and from there he was taken, according to the complainant, to the Dispensary and was subsequently shifted to the Sangli Civil Hospital. . Yet another aspect of the matter is, it is the case of the complainant that he left the vehicle on the road and he ran away. From the evidence in the form of Panch witness it has come on record that the motor vehicle bearing No.MH-09-AN-320 on which the complainant was driving was found parked in the house of the accused. The other aspect of the (-4-) matter was the allegation by the complainant that the gold chain was snatched by the accused and the offence was registered under Section 394 of I.P.C. The learned Judge has commented that the Investigating Officer has offered no explanation. Similarly, the learned Judge noted that the complainant has not clarified as to what has happened to his bag which he had hanged to the handle of the motorcycle containing cash of Rs.20,000/-. The learned Judge also noted that neither the complainant nor the I.O. non-disclosure of the names of the eye witnesses as their names are neither appearing at Exh.23 nor supplementary statement dated 11th May, 2006. Various other inconsistencies in the case were also noted. 6. Considering the findings recorded and the evidence on record in our opinion the prosecution has not come to the Court with the whole truth. The finding of blood in the home of the accused and also the motorcycle coupled with the cries of the complainant’s wife, gives suspicion as to how the complainant suffered injuries. The learned Judge was right in giving benefit of doubt to the accused. 7. Considering this evidence, in our opinion, this would not be a fit case for this Court to grant leave to appeal and consequently application for leave to appeal is rejected. (-5-) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)