Namdeo S/O Janba Bhalavi, Ashok S/O ... vs The State Of Maharashtra Through P.S.O. ... on 30 January, 2008
4. The learned Counsel for appellants, Mr. Daga, inviting our attention to the arrest panchanama (Exs. 96 & 98) in respect of accused Ashok and Krushna, argued that both of them had severe bleeding injuries on their heads and the prosecution witnesses, though having been given opportunity to explain in cross-examination, deliberately suppressed the genesis of the real incident. Relying on the decision of this Court in Sarjerao Sahadeo Gaikward v. State of Maharashtra reported in 1997 Cri.L.J. 3839 Mr. Daga argued that failure on the part of prosecution to explain the injuries on the person of the accused must result into prosecution story viewed with suspicion and benefit of doubt ought to go to the accused persons. He, therefore, prayed for acquittal of the accused persons.