In an admitted criminal appeal for murder and cruelty, the High Court rejected a concurrent application for suspension of sentence, deferring reappreciation of evidence including the dying declaration to the final appeal hearing.
Criminal application rejected; hearing of the appeal expedited.
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.
1 cri apln 5966.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5966 OF 2015 IN
CRIMINAL APPEAL NO. 826 OF 2015
Haridas S/o Kundlik Pokale
.. Applicant
Versus
The State of Maharashtra .. Respondent
Shri Vitthal M. Chate, Advocate for the Applicant. Shri A. S. Shinde, A.P.P. for the Respondent/State.
CORAM : S. V. GANGAPURWALA V. K. JADHAV, JJ. DATE : 18TH DECEMBER, 2015.
PER COURT :
. The present applicant is prosecuted and convicted for the offence punishable under Sections 498-A, 302 of the Indian Penal code and sentenced to suffer life imprisonment and to pay the fine.
2 cri apln 5966.15
father of the deceased was first in point of time where she does not implicate the present applicant. The written dying declaration does not inspire confidence. It is said to have been recorded by Executive Magistrate on 22.04.2014 at 06:40 a.m. and it is also stated that, he had recorded it in presence of doctor. The doctor has deposed before the Court that he attended the duties at 2200 hours on 22.04.2014. This would clarify that the doctor was not present and the said dying declaration is camouflage. The learned counsel further submits that, even the seizure punchanama is not proved. There is no evidence that, it was sealed. The learned counsel submits that, the dying declaration which is made the basis of conviction is not reliable and deserves to be discarded. Even, on the dying declaration the curves and ridges of the thumb appear succinctly. The same cannot be possible in view of the fact that the complete left and right hand was burnt.
3 cri apln 5966.15
accused.
bsb/Dec. 15
1 issue framed by the court
Whether an application for suspension of sentence filed concurrently with an admitted appeal should be considered on merits before the final hearing of the appeal?
1 provisions across 1 enactments
Haridas S/o Kundlik Pokale
The State of Maharashtra
S. V. Gangapurwala
V. K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
