Dismissed

The State of Mah. Thr. P.S.O. Chandur Bazar v. Shaikh Wahid S/O Shaikh Habib and 5 Oths

Bombay HC2 Dec 2010APPA/819/2010

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay (Nagpur Bench) rejected the State's Appeal against acquittal. The court upheld the acquittal, noting that the Sessions Judge correctly treated witness testimony on ill-treatment as hearsay and found the medical witness ruling out homicidal death to be decisive.

What did the court decide?

Application for leave to appeal and Appeal against acquittal rejected and dismissed.

The State of Mah. Thr. P.S.O. Chandur Bazar Vs Shaikh Wahid… — Dowry and Cruelty | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 819 of 2010

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IN

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Criminal Appeal No. of 2010
[State of Mah. Vs. Shaikh Wahid son of Shaikh Habib &
others]

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

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Smt. B.P. Maldhure, APP for appellant-State

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CORAM : A.H. JOSHI AND A.R. JOSHI, JJ.

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DATE : 02nd December, 2010.

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1.This is an application for leave to

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appeal.

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2. Case pertains to death of Shaminabee.

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3.Initially, a report of suicide by
hanging was filed. Lateron, the case was
investigated and a charge-sheet for subject-
matter of death was filed for offences under
Section 498-A, 302 read with Section 34 of
Indian Penal Code.

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4.Perused the Judgment and evidence.
Heard learned APP Mrs. Maldhure for the
appellant-State.

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2

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5.As far as the offence of ill-treatment
in relation to dowry-related death is concerned,
it is seen that the learned Sessions Judge found
the statements of witnesses regarding ill-
treatment to be totally unworthy of trust, as
the witnesses had no occasion to observe the
ill-treatment and evidence in that respect being
hearsay.

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6.Prosecution has relied upon evidence of
medical witness in so far as offence punishable
under Section 302 of Indian Penal Code is
concerned.

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7.In so far as the statement of medical
witness � Dr. Gaurav Gawai is concerned, he had
reported in Post-mortem Examination that the
death is homicidal.

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In the cross-examination, however, he
has admitted the fact that the damage to
internal organs, bones, cartilage etc., matched
with suicidal death, and not to damage to the
organs which occurs in case of homicidal death
as recorded in Modi�s Medical Jurisprudence.

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8.The settled law in appeal against
acquittal is that when two opinions are
available from the evidence, one in favour of
accused has to be believed.

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In the present case, two opinions were
not available, since the medical witness

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categorically ruled out the possibility of
homicidal death.

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9. Thus, the judgment of acquittal is well founded.

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10.In the result, Appeal against Acquittal
has no merit.

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11.Application for leave to appeal and
Appeal are accordingly rejected.

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JudgeJudge

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|Hedau|

The State of Mah. Thr. P.S.O. Chandur Bazar v. Shaikh Wahid S/O Shaikh Habib and 5 Oths

Case brief

What is this about?

What did the court decide?

The State of Mah. Thr. P.S.O. Chandur Bazar v. Shaikh Wahid S/O Shaikh Habib and 5 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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