Single judge rejected the application for leave to appeal against an order of acquittal under sections 324, 325, and 504 IPC, finding the Trial Court's view reasonable.
Application for leave to file appeal is rejected; no appeal filed.
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.
68.ALS.4.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.04 OF 2018
The State of Maharashtra … Applicant V/s. Mr. Vithoba Kalapa Kalyani & Ors. … Respondents
Mr. A.R. Kapadnis, APP for the Applicant State.
CORAM : A.S.GADKARI, J.
DATE : 19th MARCH, 2018
P.C.:
took place and it was informed to the Investigating Officer by the first informant that, as his relatives are not present, a discussion to lodge the
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68.ALS.4.18.doc
FIR is yet to take place. The record further indicates that, the first informant was conscious and well oriented and despite the same, did not lodge FIR immediately.
After perusing the entire record, this Court is of the opinion that, the view adopted by the Trial Court is a reasonable and probable view in the facts and circumstances of the present case.
No case is made out to grant leave to file appeal.
(A.S.GADKARI, J.)
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2 issues framed by the court
Whether leave to file a criminal appeal against the acquittal of the respondents should be granted.
Whether the prosecution failed to establish the guilt of the accused beyond reasonable doubt.
2 provisions across 2 enactments
State of Maharashtra
Mr. Vithoba Kalapa Kalyani & Ors.
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
