This criminal appeal against acquittal was disposed of by dismissing it. The High Court held that the absence of identification evidence rendered no fault in the acquittal and found no reason to interfere.
Criminal Appeal No.213 of 2003 is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Criminal Appeal No.213 of 2003 (State of Maharashtra thr PSO Ajni, Nagpur V/s Digamber Kothe)
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
{ Smt. S.S. Jachak, APP for State.
Shri Habibuddin, Adv for respondent.]
CORAM: A.B. CHAUDHARI,J.
DATED: 22.06.2015.
This appeal against acquittal
filed by the State of Maharashtra
through the Police Station Officer Ajni,
Nagpur, for the charge under Sections
279, 338 and 427 of the Indian Penal
Code. The State has filed the said
appeal.
I have heard the learned APP for
the State. I have perused the judgment
and order made by the learned trial
Judge. I have perused the evidence of
complainant (PW-1) Karunakaran. I have
perused the cross examination of the
witness also. The sum and substance of
his evidence i.e examination-in-chief
and cross examination is that he did not
identify the bullet driver who had hit
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him as a result of which he suffered a
fracture and was admitted in hospital
where he took treatment for about one
and half month. In the absence of
identification of the bullet driver, I
do not think that by passing the
impugned judgment and order of acquittal
any fault is made by the trial Court.
There is no evidence of any person about
the identification of the accused. I
have seen the other evidence. That
being so, there is no reason to
interfere with the order of acquittal.
Hence,I pass the following order :-
Order
Criminal Appeal No.213 of 2003 is
dismissed.
JUDGE
Deshmukh
1 issue framed by the court
Whether the High Court should interfere with the trial court's order of acquittal due to lack of identification evidence against the appellant.
1 provisions across 1 enactments
State of Maharashtra through PSO Ajni, Nagpur
Digamber Kothe
A.B. CHAUDHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court