State challenged acquittal under IPC Sections 306, 498A, and 34 regarding suicide by hanging. Application for leave to appeal was dismissed as trial court evidence was not perverse.
Application for leave to file appeal under Sections 306, 498A of IPC 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.
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46.ALS.37-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION [ALS] NO.37 OF 2014
The State of Maharashtra ..Applicant Versus Aarif Badshaha Patel and others. ..Respondents
Mrs. Anamika Malhotra, APP for the ApplicantState. Mr. Yashodhan Gavanekar, for Respondent No.1.
CORAM : A. R. JOSHI, J. DATE : 15th JUNE, 2015
P.C.
application for leave to file appeal challenging the judgment and order of acquittal of the respondents for the offences punishable under Sections 306, 498A read with Section 34 of IPC.
she committed suicide by hanging herself in the
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46.ALS.37-14.doc
matrimonial house. During the trial about six prosecution witnesses were examined, out of them PW Nos.2, 3 and 4 are the close relatives, the male members. Reportedly the independent neighbours staying near the vicinity near the house of the accused, were not examined. One PW5 was examined who was the neighbouring shopkeeper of the prosecution witnesses.
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46.ALS.37-14.doc
prosecution by the trial Court.
allegation of torture and cruelty meted out to the victim woman by the respondents, on three counts, firstly that witnesses could not give even the approximate date, time and year of the alleged harassment told to them by the victim woman, secondly that there were no complaints, even any NC, with local police station regarding harassment and demand of Rs.2 Lakhs and odd allegedly demanded by the respondent from the victim. So far as PW5 is concerned, according to this witness though he apparently an independent witness, he had no personal knowledge as to the respondents demanding money from the victim woman or from PW2 her brother.
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Deshmane (PS)
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1 issue framed by the court
Whether Criminal Application for leave to file appeal allows against acquittal in cases of cruel treatment and suicide.
1 provisions across 1 enactments
The State of Maharashtra
Aarif Badshaha Patel and others
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
