Dismissed

State of Mah. Thr. P.S.O., P.S. Koradi v. Sau. Savitribai W/O Nathuram Raikwar and 4 Oths

Bombay HC9 Jul 2010APPA/310/2010

Case brief

AI extract

What is this about?

The Appellate Side Prosecutor sought leave to appeal an acquittal by the Additional Sessions Judge regarding offences under IPC Sections 498-A, 304-B, 302, and 316. The High Court found the trial judge's observations not perverse, holding them a probable view, and thus rejected the application.

What did the court decide?

Application for leave to appeal was rejected; order of acquittal was upheld.

State of Mah. Thr. P.S.O., P.S. Koradi Vs Sau… — Murder and Culpable Homicide | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Application No. 310/2010 (APPA) in Criminal Appeal No./------------/2010 (State of Maharashtra vs. Sau. Savitribai w/o: Nathuram Raikwar and others.)

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----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders.

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CORAM : A.P.LAVANDE & P.D.KODE,JJ DATE : 09.07.2010

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Heard Mr. T.A.Mirza, learned APP for the appellant.

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By this application the appellant seeks leave to appeal against the Judgment and order of acquittal passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 67/2009 acquitting the respondents 1 to 5 for the offences punishable under Sections 498-A, 304-B read with Section 34 and acquitting the respondent no.1 for the offences punishable under Sections 302 and 316 of the Indian Penal Code.

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The trial was held in respect of the unnatural death of Priti daughter-in-law of respondent no.1 and wife of respondent no.2.

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The prosecution relied upon two written dying declarations and also upon the evidence in the nature of history given by the deceased. The learned trial Judge held that the evidence led by the prosecution was not

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cogent and was not sufficient to bring home the charges against the respondents accused beyond reasonable doubt. The learned trial Judge further held that two written dying declarations and the disclosure made to the Doctor by deceased regarding the incident were inconsistent and, therefore, held that the prosecution was not able to establish the offences beyond reasonable doubt.

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Having heard the learned APP for the appellant and having perused the record, we find that the findings recorded by the learned trial Judge can not be said to be perverse warranting interference with the order of acquittal. The view taken by the learned trial Judge is a probable view and, therefore, no interference is warranted against the order of acquittal. Hence, the application is rejected.

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patle

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JUDGE JUDGE

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State of Mah. Thr. P.S.O., P.S. Koradi v. Sau. Savitribai W/O Nathuram Raikwar and 4 Oths

Case brief

What is this about?

What did the court decide?

State of Mah. Thr. P.S.O., P.S. Koradi v. Sau. Savitribai W/O Nathuram Raikwar and 4 Oths

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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