In a criminal application for leave to prefer an appeal against a judgment of acquittal, the Single Judge held that the trial court's view was probable and the acquittal was not perverse, thus dismissing the state's application.
Application for leave to file appeal dismissed; matter disposed of.
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.
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Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION No.186 of 2013
The State of Maharashtra Vs
Balu Krushna Danke
..Applicant.
..Respondent.
Mrs P.P. Bhosale, APP for the State.
CORAM : A.R.JOSHI,J DATE : 25th JUNE, 2015
P.C. :
3 This is an application for leave to file appeal challenging judgment and order of acquittal of the respondent. The respondent was acquitted of the offence under Sections 279, 337 and 338 of IPC and under section 184 and 187 of Motor Vehicles Act.
4 The case of the prosecution is that on the relevant date when one police officer was riding on his motorcycle on Ratnagiri Kolhapur road, the tempo being driven by the respondentaccused came from opposite side and gave dash causing him severe injuries which resulted in fracture and which resulted in hospitalization for about ten days. It is not the case of the prosecution that said PW 1 complainant was aware of the registered number of the offending vehicle or anything written on the said motor vehicle, a tempo, written as “YALGUD DUDH” in vernacular Marathi.
5 During the trial, the trial Court disbelieved the evidence of PW 2 and PW 5 who were allegedly residing near the spot of accident. However, they also were not aware regarding registration number of the tempo. Moreover, according to their evidence they
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knew that there was some writing on the tempo as “YALGUD DUDH” and it was known to them from other persons. The trial Court also doubted the statement allegedly given by the complainant injured in the hospital on the very next day of the accident. This is for the reason that said injured was in the hospital for more than ten days and was operated for his fractured hand and wrist and was all along taking treatment and he was initially unconscious after the accident and was removed to the hospital. As such the trial Court doubted whether it was in fact the statement of said injured that he saw the writing “YALGUD DUDH” on the tempo.
6 Apart from the above, the trial Court also doubted the involvement of the tempo with which the respondent was arrested on the ground that the prosecution did not produce any material to show that on the relevant time of the accident it was only tempo being plied in that area and there were no other tempos having the writing “YALGUD DUDH”. As such, ultimately, the trial Court came to the conclusion of nonestablishing of the charges against the respondentaccused and acquitted him.
7 Considering the substantive evidence of the prosecution witnesses, in the opinion of this Court, the view taken by the trial Court was probable and it cannot be said that the judgment of acquittal is of such a perverse nature so as to interfere with. As such there is nothing to reagitate the matter by allowing the State to prefer appeal challenging the acquittal. Hence, application for leave to file is dismissed and disposed of.
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1 issue framed by the court
Whether the judgment of acquittal was perverse and warranted criminal reference under Section 401 CrPC.
2 provisions across 2 enactments
The State of Maharashtra
Balu Krushna Danke
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
