Bombay High Court
The State Of Maharashtra vs Sukhdev Sarjuba Gawande And Others on 11 August, 2025
Author: Nitin B. Suryawanshi
Bench: Nitin B. Suryawanshi
2025:BHC-AUG:21710-DB
{1} 13-ALS-70-2025
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
APPLN. FOR LEAVE TO APPEAL BY STATE NO. 70 OF 2025
The State Of Maharashtra ....Appellant
VERSUS
Sukhdev Sarjuba Gawande And Others .....Respondents
.....
Mr. N.S. Tekale, APP for appellant-State
Mr. P.P. More, Advocate for respondent No. 2
.......
CORAM : NITIN B. SURYAWANSHI AND
SANDIPKUMAR C. MORE, JJ.
DATE : 11th AUGUST, 2025
ORDER :
1. By this application filed under Section 378 (1)(b) of
Code of Criminal Procedure, State seeks leave to file appeal
against judgment and order of acquittal dated 10.03.2022
passed by learned Sessions Judge, Jalna, in Sessions Case No.
106 of 2021.
2. Accused were charged under Section 302 read with
34 of Indian Penal Code for commission of murder of Kautikrao
Ananda Gawande on 09.01.2021. FIR of the incident was lodged
by deceased (Exhibit-95). On the basis of FIR, Crime No. 8 of
2021 for offences punishable under Sections 323, 324, 504, 506,
Bhagyawant Punde
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327 r/w 34 of IPC was registered. During the treatment
Kautikrao Gawande expired at GHATI, Hospital, Aurangabad and
thereafter Section 302 was added.
3. In support of its case, prosecution has examined 13
witnesses. Trial Court on appreciation of evidence has acquitted
the accused. Hence, the application for leave to file appeal.
4. Heard learned APP for State and learned advocate for
respondents/accused. Perused the record.
5. Admittedly, this is a case of circumstantial evidence
and circumstances relied upon by the prosecution are that, FIR
(Exhibit-95) was lodged by the deceased, blood stains found on
the clothes of Accused No. 1, murder weapon i.e. spade
recovered from the accused, FIR of the same incident lodged by
Accused No. 1 against deceased, which is registered at C.R. No.
11 of 2021 under Sections 326, 323, 504, 506 of IPC.
6. Perusal of record shows that there is difference in
time, role attributed to the accused and injuries suffered by the
deceased as alleged in the FIR. In the FIR it is not mentioned
that treatment was taken by the deceased at Sillod and
Bhokardan Hospital. The injuries suffered by Accused No. 1 are
Bhagyawant Punde
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also not mentioned in the FIR lodged by the deceased. There are
contradictions about the role attributed to the accused by
deceased and two witnesses i.e. PW5- Suraj Gawande and PW6-
Gajanan Gawande. Therefore, the Trial Court is justified in
coming to the conclusion that FIR (Exhibit-95) is not showing
true and correct picture of the incident.
7. Reports of Chemical Analyzer indicate that blood
group of blood stains found on the clothes of accused are
inconclusive. No blood stains were found on spade, the alleged
murder weapon. Though, blood of group ‘A’ was found on the
clothes of accused No. 1, blood group of deceased as well as
accused is ‘A’. Therefore, it cannot be said to be a circumstance
against the accused.
8. It is therefore clear that prosecution has failed to
prove complete chain of circumstances in the present case. The
Trial Court has rightly acquitted the accused by giving cogent
reasons. The view taken by the Trial Court is the only view and
no case is made out by the prosecution to grant leave to file
appeal against the impugned judgment and order of acquittal.
Application being devoid of merit is dismissed.
(SANDIPKUMAR C. MORE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde