This criminal application seeks leave to appeal an acquittal under Sections 498-A and 302 IPC. The High Court dismissed the application, holding the Trial Court's refusal to rely on dying declarations as a possible view without perversity.
Leave to file appeal refused; Criminal 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.
ALS 149.13.sxw
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 149 OF 2013
The State of Maharashtra.
... Applicant.
V/s.
Sanjaykumar Dhondiram Chavan and Ors. ... Respondents. Ms. U.V. Kejriwal, APP for the State.
CORAM : P.V. HARDAS & REVATI MOHITE DERE, JJ.
AUGUST 07, 2013.
P.C. :-
By this Application the Applicant seeks leave to file Appeal against the Judgment of the Additional Sessions Judge – 2, Solapur dated 8.10.2012 in Sessions Case No.233 of 2010, acquitting the Respondents for offence punishable under Sections 498-A, 302 r/w. 34 of the Indian Penal Code.
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ALS 149.13.sxw
Kavita at Exhibit 45. The aforesaid dying declaration at Exhibit 45 has been held to be not proved by the Trial Court on the ground that the statement was never read over to injured Kavita and Kavita had not acknowledged that the contents were correct.
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ALS 149.13.sxw
SCC (cri.) 679], where the Supreme Court has held that a dying declaration ought to be read over to the injured and unless the dying declaration was read over to the injured, no reliance could be placed on the same. In respect of Exhibit 47, the scribe of Exhibit 47 has not been examined. In the absence of evidence of scribe that the dying declaration had been correctly recorded, no reliance could have been placed on the said dying declaration.
(REVATI MOHITE DERE, J.) (P.V. HARDAS, J.)
3 issues framed by the court
Whether the High Court should interfere with the Trial Court's finding that dying declarations were not proved due to lack of reading over and missing scribe examination.
Whether the Trial Court's order acquitting the accused is perversely reasoned.
Whether leave to file an appeal against acquittal should be granted.
Colour shows how this judgement treated each authority
Shaikh Bakshu and ors. v/s. State of MaharashtraReferred¶19
Shaikh Bakshu and ors. v/s. State of Maharashtra [2008 (1) SCC (cri.) 679] · Who else cites this
2 provisions across 1 enactments
State of Maharashtra
Sanjaykumar Dhondiram Chavan and Ors.
P.V. Hardas
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
