High Court allowed leave to appeal as evidence required reappreciation. Appeal admitted under Section 390 Cr.P.C.; notice waived by respondent's counsel; action to follow before Sessions Court.
Application for leave to appeal allowed; appeal admitted; action under Section 390 Cr.P.C. directed.
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.
914 sr.no..odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4091 OF 2014
THE STATE OF MAHARASHTRA VERSUS BHALCHANDRA AMBAJI PATIL AND ANOTHER
Advocate for Applicant : Mr. S.R. Yadav, Additional Public Prosecutor APP for Respondents: Mr. K.K. Kulkarni
. . .
CORAM : S.S. SHINDE & K.K. SONAWANE, JJ.
DATE : 9TH DECEMBER, 2016.
PER COURT:
1] Heard learned APP for the applicant and learned counsel for respondents.
2] Learned APP appearing for the State submits that evidence of the P.W. No. 14 Tanaji Patil and P.W. No. 16 Ramesh Kore coupled with the medical evidence is not properly considered by the trial court. He further invites our attention to the other evidence and submits that the application seeking leave to appeal may be allowed.
3] On the other hand, learned counsel for respondent submits that the trial court did consider the evidence of the prosecution witnesses and the prosecution has failed to establish the case beyond reasonable doubt and, therefore, the trial court has rightly extended the benefit of doubt. He further submits that innocence of the respondents is reinforced by the impugned judgment and order of acquittal. He further submits that the prosecution has utterly failed to establish the chain of circumstances and, therefore, interference in the impugned judgment and order is not warranted.
914 sr.no..odt
4] We have heard the counsel for the parties. With their able assistance, perused the evidence and in particular, the medical evidence, the findings of the trial court and evidence of other prosecution witnesses and, in particular, P.W. Nos.14 and 16.
5] We are of the prima facie opinion that the evidence needs to be re-appreciated. Hence, a case is established for allowing the application, seeking leave to appeal. Accordingly, the application seeking leave to file appeal is allowed. Same stands disposed.
6] Appeal is admitted. On admission Mr. K.K. Kulkarni, Advocate waives notice for respondents. Action under Section 390 Cr.P.C. to follow against the respondents before the Sessions Court at Osmanabad.
[K.K.SONAWANE] JUDGE
[S.S. SHINDE] JUDGE
grt/-
2 issues framed by the court
Whether the application seeking leave to appeal should be allowed on the ground that evidence needs re-evaluation.
What action is required under Section 390 Cr.P.C. on admission of the appeal.
1 provisions across 1 enactments
THE STATE OF MAHARASHTRA
BHALCHANDRA AMBAJI PATIL
ANOTHER
S.S. SHINDE
K.K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
