In an application for leave to file a special leave petition against the acquittal of the respondent for Sections 323, 324, 504, and 506 IPC, the High Court refused leave as the single judge's view was not perverse or improbable. Appeal dismissed.
Leave refused to file special leave petition. Criminal appeal 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.
Appln 63-12.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.63 OF 2012
The State of Maharashtra.Applicant
V/s.
Sou. Mangal Bhagwan Nale.Respondent
Mr.Y.S.Shinde, APP, for the Applicant - State
None for the Respondent
CORAM:R.C.CHAVAN, J.
DATE:26TH JULY, 2012
P.C.
.Heard the learned counsel for the
respective parties.
2.This is an application for leave to file
an appeal against acquittal of the respondent
ordered by the learned Judicial Magistrate F. C.,
Phaltan, District:Satara for the offences
punishable under Sections 323, 324, 504 & 506 of
the Indian Penal Code. There was a quarrel
between two vegetable vendors in which the
accused, who had come to sell her vegetables in
Page 1 of 2
Appln 63-12.odt
front of the house of the complainant allegedly
hit the complainant with 1/2 Kg weight. The
learned APP states that the defence which was
taken was that the complainant fell in a gutter
in front of the complainant's house in course of
scuffle. No such suggestion was made to the
medical officer. That in itself cannot be
decisive of the matter. The defence had examined
an independent witness, who was also vegetable
vendor, who stated that the complainant did fall
in a gutter in course of scuffle. The
prosecution had not examined any independent
witness. View taken by the learned Magistrate
cannot be said to be perverse or improbable.
Leave refused. Appeal dismissed.
(R.C.CHAVAN, J.)
Page 2 of 2
2 issues framed by the court
Whether an application for leave to file a special leave petition under Section 379 CrPC against acquittal should be allowed.
Whether the view of the sessions judge regarding the evidence was perverse or improbable.
The State of Maharashtra
Sou. Mangal Bhagwan Nale
R.C.CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court