Application for leave to appeal against acquittal in dowry death/culpable homicide case was dismissed as the Sessions Judge's view was reasonable and probable; granting leave would cause futility.
Leave to file appeal was refused; application 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.
cri.appln.3350.12
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3350 OF 2012
The State of Maharashtra through P.S.O. Parali Vaijnath (City) Police Station, Tq. Parali Vaijnath, Dist. Beed Applicant VERSUS Ganesh S/o Mahadeo Thorat Respondent
Mr. G.R. Ingole, A.P.P. for the applicant-State Mr. Mayur V. Salunke h/f. Mr. S.A. Ambad, Advocate for the respondent
CORAM : M.T. JOSHI, J. DATE : 26th November 2012
PER COURT
Heard both sides.
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report wherein he recited that the deceased was suffering from fever, however, on the next day, though he promised, he could not collect money for her treatment and therefore could not take her to the hospital. In the circumstances, at about 9:30 am. in the morning, he went to collect money to take the deceased to the hospital and was unable to collect anything. In the evening, he found that the deceased had hanged herself by neck. Thereafter, however, in general enquiry of accidental death case, the statement of P.W.1-Vitthal was recorded by Police on the next day. He has complained that after a period of two years of happy married life, the respondent started ill-treating the deceased over a demand of Rs.2 Lakhs from her parents for carrying the construction of a house on his own plot. Over that demand, he used to beat the deceased. The parents of the deceased were not able to fulfill the demand. In the circumstances, on 4th July, 2011, at about 3:00 pm. the parents received a mobile call of the deceased, wherein, she made a statement that the accused was beating her since morning over a demand of Rs. 2 Lakhs. At that time also, the parents of the deceased told that they were not able to pay such a huge amount. Thereafter, at about 5:00 pm. one Maruti gave a message to them over a mobile that the deceased had hanged herself.
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cri.appln.3350.12
acquittal is recorded.
(vvr/3350.12criappln)
1 issue framed by the court
Whether leave to file the appeal should be granted against the order of acquittal in cases under section 498-A and 306 IPC given the Sessions Judge's findings on probability and financial capacity.
2 provisions across 2 enactments
The State of Maharashtra through P.S.O. Parali Vaijnath (City) Police Station, Tq. Parali Vaijnath, Dist. Beed
Ganesh S/o Mahadeo Thorat
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
