The High Court dismissed the State's application for a Special Leave to Appeal against acquittal in a murder case. The court held that no perversity or error of law existed in the Trial Court's finding that the deceased committed suicide. Leave to appeal was refused.
Leave to file appeal was 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 21.13.sxw
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 21 OF 2013
The State of Maharashtra.
... Applicant.
V/s.
Kashinath Hari Ghoke.
... Respondent.
Mr. F.I. Shaikh, APP for the Applicant/State. Mr. P.G. Sarda for the Respondent.
CORAM : P.V. HARDAS &
A.M. THIPSAY, JJ.
FEBRUARY 26, 2013.
P.C. :-
By this application, the Applicant/State seeks leave to file Appeal against the Judgment of the Sessions Judge, Pune, dated 11.05.2012, in Sessions Case No.143 of 2008, acquitting the Respondent for offence punishable under Section 498-A and 302 of Indian Penal Code.
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ALS 21.13.sxw
homicidal death and there is strong possibility that Vandana had committed suicide by hanging herself by odhani to the ceiling fan. It appears that the Medical Officer, who had conducted the postmortem examination on the dead body of Vandana noticed a ligature mark obliquely upward and the mark of knot was clearly visible. The ligature mark was slightly above the thyroid cartilage. Thus, the Medical Office concluded that the deceased Vandana died because of asphyxia due to hanging.
(A.M. THIPSAY, J.)
2 issues framed by the court
Whether leave to file appeal against acquittal in a murder case under Section 302 IPC should be granted.
Whether the Trial Court's conclusion that the death was suicidal warranted interference in appeal.
2 provisions across 1 enactments
The State of Maharashtra
Kashinath Hari Ghoke
P.V. Hardas
A.M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
