The High Court of Bombay at Nagpur dismissed an application seeking leave to appeal against an acquittal order. The trial court found witnesses hostile and the prosecution failed to prove homicide based on the injuries sustained.
Application for leave to appeal rejected. Fees of Rs.1500 awarded to counsel.
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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APPA630-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Application (APPA) No. 630/2015 (Smt. Shashikala wd/o Dadarao Gavai .vs. Gajanan Virbhan Meshram and others.)
------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Ms. Radha Mishra, Advocate (Appointed) for Applicant. Mr. U.J. Deshpande, Advocate for Respondent Nos. 1 to 8. Mr. J.Y. Ghurde, APP for Respondent No.9.
CORAM : B.R. Gavai & Mrs. Swapna Joshi, JJ. DATED : March 30, 2016.
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APPA630-15.odt
warrant interference. The view taken is certainly a possible view. In that view of the matter, we do not find that case is made out for grant of leave. The application is, therefore, rejected.
JUDGE
JUDGE
halwai
2 issues framed by the court
Whether the High Court should grant leave to appeal against the acquittal order of the Sessions Judge based on the view that witnesses turned hostile and the nature of injuries failed to prove homicid
Whether the view taken by the learned trial Judge is perverse or impossible to warrant interference.
1 provisions across 1 enactments
Smt. Shashikala wd/o Dadarao Gavai
Gajanan Virbhan Meshram
others
B.R. Gavai
Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
