The High Court dismissed the State of Maharashtra's application for a special leave to appeal against the acquittal of respondents in a trial case involving sections 306 and 498-A IPC.
The criminal application for leave to appeal against the judgment of acquittal stands rejected.
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. No. 5475/14
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5475 OF 2012
The State of Maharashtra ....Applicant.
Versus
Dattatraya Madhukar Nagarkar and Ors.
....Respondents.
Mr. S.R. Palnitkar, Advocate for applicant.
Mr. Satyjeep S. Dixit, Advocate for respondent nos. 1 to 3 & 5.
CORAM : T.V. NALAWADE, J. DATED : 3rd December, 2014.
ORDER :
Cri.Appln. No. 5475/14
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Dattatraya married second wife. Even after the second marriage, Dattatraya, second wife and deceased were living together under the same roof till 5.12.2007. The evidence of both father and mother of deceased show that the deceased was frustrated when the second wife gave birth to one issue and she again became pregnant second time. She used to disclose that she was frustrated and she was blaming herself as she could not give birth to any issue. Vague allegations are made and there are aforesaid vital admissions given by the parents of the deceased. The death took place due to burn injuries. But, there is no dying declaration of the deceased, blaming her husband or his relatives. In view of the facts and circumstances of this case, acquittal is given by the trial Court to the respondents. There is no arguable case for the State.
[ T.V. NALAWADE, J. ]
ssc/
1 issue framed by the court
Whether a criminal appeal against the acquittal of respondents in a case involving sections 306 and 498-A IPC should be allowed.
1 provisions across 1 enactments
The State of Maharashtra
Dattatraya Madhukar Nagarkar
Others
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
