Application challenging acquittal by Magistrate. Court held it cannot substitute Trial Court's view on witness contradictions. No case made out for leave to appeal.
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.
/ 1 /
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2323 OF 2006 IN
CRIMINAL APPEAL NO. OF 2006
Mr.Anurath Dagadu Shegade V/s.
Vitthal Laxman Shegade & Ors.
...Applicant ...Respondents
Mr.Sachin S. Punde for Applicant. Mrs.M.M. Deshmukh APP for the State.
CORAM : V.M. KANADE, J. DATED : 4th OCTOBER, 2007.
P.C:-
State.
acquit the Respondents/Accused for the offence punishable U/s.504 r/w 34 of IPC.
impugned order and submitted that the Trial Court had erred in holding that
/ 2 /
there were material contradictions in the evidence of eye witnesses who were examined by the Complainant. He submitted that the Complainant had examined four witnesses namely PW-1 Anurath Shegade-Complainant, PW-
2 Raghunath Bhandwalkar, PW-3 Vishnu Shegade and PW-4 Rawsaheb Jagdale. He submitted that these witnesses had stated in categorical terms that the Accused No.1 to 8 came near the house of the Complainant and abused and threatened the Complainant. He submitted that the Magistrate had erred in holding that in view of contradictions in the evidence of prosecution witnesses, serious doubt is raised regarding presence of the Accused. He further submitted that the Magistrate had erred in discarding evidence of prosecution witnesses namely PW-3 and PW-4.
/ 3 /
Criminal Application is disposed of accordingly.
V.M. KANADE, J.
1 issue framed by the court
Whether the High Court should permit the Criminal Appeal challenging the acquittal of respondents in an offence under Sections 504 IPC read with Section 34 IPC.
Anurath Dagadu Shegade
Vitthal Laxman Shegade & Ors.
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
