In this criminal appeal, the High Court of Bombay examined an appeal against an acquittal. The court analyzed the prosecution evidence and medical certificates, finding no medical proof for certain injuries, and dismissed the appeal as the acquittal was for cogent reasons.
Leave to appeal refused and appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL APPEAL NO.127 OF 2004
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Office Notes, Office Court’s or Judge’s orders
Memoranda of Coram
appearances, Court’s orders
or directions and
Registrar’s orders
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Mrs.G.P.Mulekar APP for the appellant
Mr.P.D.Dalvi for the respondent.
Coram : R.S.Mohite,J
Date : 1.2.2006.
PC
1. Heard both sides. This is an
appeal impugning a judgment and order
passed by the Adhoc Additional Sessions
Judge, Kolhapur on 4.2.2003 acquitting
respondent no.1 Krishna of the offences
punishable under Sections 325 and 323
r/w 34 of IPC. On perusal of the
impugned judgment and order it is seen
that the same has been passed for
cogent and acceptable reasons.
According to the prosecution, 3 persons
by name Vilas, Sanjay & Shankar were
beaten in the incident. Vilas in his
evidence talked about all the 3 accused
beating him but the role attributed to
: 2 :
the present respondent no.1 Krishna was
missing in the FIR. As far as beating
by Sanjay & Shankar, there are no
medical certificate produced. The view
taken is a possible view. Hence, leave
is refused and consequently, appeal to
stand dismissed.
(R.S.Mohite,J)
1 issue framed by the court
Whether to allow the appeal against the acquittal of the respondent.
1 provisions across 1 enactments
G.P. Mulekar
Krishna
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court