1 criapl-375.94 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 375 OF 1994 The State of Maharashtra Appellant/ ori.complt. versus Rajendra s/o Suryabhan Salunke, age 22 years, r/o Dharur,Taluka Respondent/ and District Osmanabad. orig.accused -------- Shri V.D. Godbharle, A.P.P. for the appellant. Shri P.P. Dawalkar, Advocate, holding for Smt. C.S. Deshmukh, Advocate, for the Respondent. --------- Coram: A.H.Joshi and A.M.Thipsay, JJ. Date : November 9, 2011. Judgment : (Per: A.H. Joshi, J.) 01. The respondent was accused in Sessions Trial No. 88 of 1993, wherein he was charged for offence punishable under Section 302 of I.P.C. for murdering Sanjana. The learned Sessions Judge, Osmanabad, acquitted the Respondent of the said charge, by judgment and order dated 10.8.1994. 02. According to the prosecution story, the accused has blown knife and caused injuries to Sanjana which have resulted in her death almost instantaneously. 2 criapl-375.94 03. P.W.1 Sahebrao has proved the cause of death to be "shock due to multiple injuries and hemorrhage". 04. The prosecution has relied on evidence of PW-3 Ram Khandekar, PW-4 Sahebrao Patil and PW-5 Nilawati Khandekar, as eye witnesses. 05. All eye witnesses sang a story in coherence of assault over the lust of respondent for sexual intercourse which was unfavourably responded by the victim. Due to her refusal, the accused assaulted the victim vigorously and followed thereby, he got himself stabbed and he too suffered injuries. Prosecution has also relied upon oral Dying Declaration. 06. Admittedly, the accused was referred to hospital and was treated. The accused suffered injuries and was admitted in the hospital. Exhibit 54 is Medical Certificate produced by the prosecution. It shows following injuries on the person of respondent-accused. 1. Incise wound 3"x1/2" on scalp deep occipital region, caused by hard and sharp object within 12 hours- simple in nature. 2. Incise wound 3"x1/2, 2-1/2" x 1/2", parito occipital-L shaped, caused by hard and sharp object within 12 hours-simple in nature. 3. Incise wound 1/2" x 1/4", Rt. frontal region, caused by hard and sharp object within 12 hours- simple in nature. 3 criapl-375.94 4. Contusion 2"x2" Rt. intra orbital region, caused by hard and blunt object within 12 hours-simple in nature. 5. Contusion 3"x2" Lt. intra orbital region, caused by hard and blunt object within 12 hours-simple in nature. 6. CLW 1/2" x 1/2" Lt. lower lip, caused by hard and blunt object within 12 hours-simple in nature. 7. Incise wound 2" x 1/4" Lt. mid axillary lime 10th and 11th rib muscle deep caused by hard and sharp object, within 12 hours-simple in nature. 8. Incise wound 3/4" x 1/4"-Above the umbilicus omentum exposed - caused by hard and sharp object, within 12 hours-grievous in nature. 9. Incise wound-1"x1/4"- Rt. Poplital fossa muscle deep-caused by hard and sharp object within 12 hours and simple in nature. 07. Out of these nine injuries, serious injuries are, stab injury and fracture to 5th metacarpal left side. No fracture was seen as regards injuries to knee and other parts. It is evident that the injuries are spread almost all over the body. 08. The story narrated by the prosecution witnesses is that of assault by the accused to the deceased, and also getting himself stabbed. The prosecution story is coherent to convince the story-fact of assault by the accused, however is brought under grave shadow of doubt as to its truthfulness due to numerous injuries reflected in Exhibit 54, and hence, these testimonies are rendered totally unworthy of reliance. 4 criapl-375.94 09. The prosecution had certain goal of hiding some material from the court, else eye witnesses had no reason to suppress all other injuries suffered by the accused. 10. Though the defence by the accused that some gundas tried to kidnap Sanjana and they had beat him when he tried to intercept, is improbable, the story of the prosecution is more improbable. All that is probable is that the prosecution had a decided design of couching a story without disclosing the truth before the court. 11. The appeal, therefore, has no merits and is, accordingly, dismissed. (A.M.THIPSAY, J.) (A.H.JOSHI, J.) pnd/criapl-375.94