The High Court rejected a criminal application challenging an order of acquittal. Upholding the trial judge’s decision to disbelieve an eyewitness, the Court held the view was not perverse and the prosecution failed to prove guilt beyond reasonable doubt via circumstantial evidence.
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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APPA115-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Application (APPA) No.115/2016 in Criminal Appeal No.458/2015.
(Maroti Baliram Nagare .vs. Pradip Ramsingh Chavan and others. )
------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Smt. Neeta Jog, Advocate for Applicant.
Ms. Geeta Tiwari, APP for Respondent No.3.
CORAM : B.R. Gavai & V.M. Deshpande, JJ. DATED : June 08,2016.
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APPA115-16.odt
Dhanora for going to Ansing to take hand loan from Satish Laxman Kalpad, he noticed that one person was lying on earth soaked with blood by the side of the road. He has further stated that he had seen it from the distance of 20 to 25 feet. There was a boy of the age of 18 to 20 years wearing black colour jean pant and curdi colour full shirt. He lifted a stone and struck it on the head of the person lying on the earth. There was flow of blood and brain came out of head. When he reached near that boy, he saw towards him with anger and, therefore, he had frightened. The witness thought that boy may assault on him as he had seen the incident. Therefore, he went to Ansing. From Ansing, he went to Washim. He took tea at Washim and thereafter went back to his village via Shelu-bazar. He reached at his house at 7 p.m. He came to know that there was murder of Haribhau Nagre. It struck to him that the incident which was witnessed by him was in respect of Haribhau Nagre. He states that on the next day he informed to Keshav Kalapad on phone that he had witnessed the incident. Thereafter he attended the funeral. After attending the funeral, he went to the Police Station.
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APPA115-16.odt
tea there and though various traffic Police were available on that road, he did not find it necessary to inform about the incident to anyone.
JUDGE
JUDGE
halwai
2 issues framed by the court
Whether the High Court should interfere with the trial judge’s acquittal by finding that the disbelieving of eyewitness testimony was perverse.
Whether the trial judge’s rejection of eyewitness testimony and acquittal based on circumstantial evidence warrants appellate interference.
Maroti Baliram Nagare
Pradip Ramsingh Chavan
B.R. Gavai
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
