The High Court refused leave to file a criminal appeal under Section 397 CrPC, holding that the Sessions Judge's recording of a reasonable and probable view for acquittal rendered the appeal an exercise in futility.
Leave to file appeal refused; application disposed of.
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(1) Cri. Appln. 1185-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1185 OF 2012
The State of Maharashtra Applicant
Versus
Manoj @ Munna Subash Kathare and ors. Respondents
Mr. R.P. Phatke, A.P.P. for the Applicant-State.
Mr. K.K. Kulkarni, Advocate for the Respondent nos.1 and 2.
Appeal abated against respondent no.3 as per Court's order
dated 27.6.2012.
CORAM : M. T. JOSHI, J. DATED : 23RD NOVEMBER, 2012
ORAL ORDER:
1. Heard both sides.
2.Aggrieved by recording of the acquittal in
favour of the present respondents for the offences
punishable under section 306, 498-A r/w. 34 of the I.P.C.,
the application for leave to file is filed by the State.
3.The prosecution case is that deceased Laxmi has
attempted to commit suicide on 23.3.2010 and ultimately,
she died on 16.4.2010. She made two dying declarations
one with the Police Constable and another with the Police
Inspector i.e. P.W. 6 and P.W. 9. The statement of the
maternal relatives i.e. P.W.3-Satish and P.W.4-Nilawati
i.e. brother and mother of the deceased were also
recorded. Both these witnesses however did not support
(2) Cri. Appln. 1185-2012
the prosecution case that the present respondent i.e.
husband and father-in-law of the complainant used to ill-
treat her and were making demand for money in order to
satisfy their addiction to liquor and therefore she has
committed suicide.
4.The learned Sessions Judge took into
consideration the fact that these near relatives have
deposed that the deceased was being treated nicely by the
present respondents. Further, as regards the recording of
the two dying declarations, on the basis of the cross-
examination that the Medical Officer i.e. P.W.6 Dr. Kanade
and Head Constable P.W.7 found that the relatives had
access to the deceased at that time.
5.Learned A.P.P. submits that the learned Sessions
Judge ought to have believed the dying declarations
recorded by the Head Constable and the Police Inspector
after the Medical Officer examined her.
6.On the other hand, learned counsel for the
respondents submits that the learned Sessions Judge has
taken a reasonable and probable view and acquitted the
present respondents by giving benefit of doubt. He
therefore submits that leave may not be granted.
(3) Cri. Appln. 1185-2012
7.Considering all these facts, in my view, since a
reasonable and probable view is taken by the learned
Sessions Judge while recording the order of acquittal in
favour of the present respondents, granting of leave to
file the Appeal would be an exercise in futility. In the
circumstances, leave to file Appeal is hereby refused.
Application disposed of.
Sd/-
[M. T. JOSHI, J.]
arp/
1 issue framed by the court
Whether leave to file a criminal appeal under Section 397 CrPC should be granted where the Sessions Judge has recorded a reasonable and probable view for acquittal.
The State of Maharashtra
Manoj @ Munna Subash Kathare
M. T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court