(1) 26.appa.1071.2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.1071 OF 2023 IN CRIMINAL APPEAL STAMP NO.7774 OF 2023 State of Maharashtra through Police Station Officer, Sonegaon Police Station, Nagpur Vs. Sachin s/o Bhimrao Bhagat -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. V. A. Thakare, APP for applicant/State. Ms. Ragini Swami, Advocate for respondent. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 05/10/2026 1. The State has filed this application for leave to prefer an appeal against acquittal by the Sessions Judge, Nagpur in Sessions Case No.634/2022. 2. The respondent /accused herein was prosecuted for the offence punishable under Section 302 of the Indian Penal Code for murdering his wife by assaulting her with knife on her stomach and back on 28.06.2022 at about 3.15 p.m. at Shivangaon Fata Bus Stop, Wardha, Nagpur. 3. As per the prosecution case, the informant, who is the mother of the victim, lodged FIR, wherein it has alleged that the victim was her daughter married with the accused, and it was a love marriage. The accused and the victim have two children, namely, Shlok and Shrawan aged about 5 and 3 years. The accused used to take suspicion on the character of the victim and was addicted to liquor. On the day of incident, 2026:BHC-NAG:13697-DB (2) 26.appa.1071.2023 under the influence of liquor, he has assaulted the victim by means of knife and caused her death. 4. After due investigation, the Investigating Officer has filed the charge-sheet against the accused. The trial Court conducted the trial and examined as many as 16 witnesses and relied upon various documents. The entire prosecution case was relied upon on PW-3 Nilesh Borkar and PW-4 Vijay Nagdeote, who are the eyewitnesses as well as PW-5 Medical Officer Dr. Jayesh Dhudhe and DNA examination and thereafter the trial Court came to the conclusion that the prosecution failed to prove the charges against the accused and hence, acquitted the accused. 5. Heard learned APP, who invited our attention towards the evidence of PW-3 Nilesh Borkar and PW-4 Vijay Nagdeote, who are eyewitnesses of the incident. He submitted that PW-3 Nilesh Borkar has witnessed the accused assaulting the deceased and blood was oozing from her body. Similarly, the evidence of PW-4 Vijay Nagdeote also shows that he has witnessed the incident. The trial Court swayed away by the fact that there is inconsistency in the statement of these witnesses, under Section 161 and 164 of the Code of Criminal Procedure. The learned trial Court has also ignored the DNA evidence. He submitted that the learned trial Court has given importance to the minor omissions, which do not affect the route of the prosecution case. Therefore, the prosecution is having every chance of success in the present appeal and hence leave be granted. 6. Learned counsel for the respondent strongly opposed the said contention and submitted that learned trial Court considered that the PW-3 Nilesh Borkar and PW-4 Vijay (3) 26.appa.1071.2023 Nagdeote are not trustworthy witnesses as there are inconsistencies in their evidence, which go through the route of the matter and therefore, the trial Court has rightly acquitted the accused, no interference is called for. 7. Considering all the aforesaid evidence it reveals from the entire record that the entire case of the prosecution was based upon the evidence of two eyewitnesses. At this stage, from the impugned judgment, it reveals that the trial Court given the importance to the statements under Sections 161 and 164 of Cr.P.C. and observed that there is no consistency in both these statements. It is also apparent that the learned trial Court has not considered the scientific evidence, which is on record. Thus, considering these aspect submitted by the learned APP, at this stage, learned APP has make out a case that the prosecution is having every chance of success in the present appeal. In view of that, leave is granted to prefer an appeal. 8. The Criminal Application (APPA) No.1071/2023 is allowed. 9. Appeal be registered. CRIMINAL APPEAL STAMP NO.7774 OF 2023 1. Call R & P. 2. Appeal be placed before this court for admission and for the disposal after receipt of the R & P. 3. The respondent is directed to comply in view of Section 390 of the Code of Criminal Procedure (under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023). (RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 12/10/2026 20:19:41