Dismissed

Amol Gopalsingh Maher v. the State of Maharashtra, through P.S.O. P.S. Yavatmal (Rural) and Others

Bombay HC30 Jan 2018APPA/79/2016

Case brief

AI extract

What is this about?

Criminal appeal against acquittal dismissed. Bench upheld Sessions Judge's order finding prosecution failed to prove kidnapping with intention to kill and murder due to incomplete circumstantial evidence and lack of recovery.

What did the court decide?

Prayer for leave to appeal against acquittal rejected; Criminal Application and Appeal disposed of.

Amol Gopalsingh Maher Vs the State of… — Murder and Culpable Homicide | Bombay HC (2018)

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3001appa79.16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL APPLICATION (APPA) NO.79/2016 AND CRIMINAL APPEAL NO.16/2016

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Amol Gopalsingh Maher ...Versus...

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The State of Maharashtra, through Police Station Officer, Police Station, Yavatmal (Rural) and others

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri M.P. Kariya, Counsel for applicant/appellant Shri K.L. Dharmadhikari, A.P.P. for respondent no.1

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CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ. DATE : 30/01/2018

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Heard.

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On hearing the learned Counsel for the parties and on a perusal of the judgment of the Sessions Judge, Yavatmal dated 23/9/2015 in Sessions Case No.80/2013, we find that the learned Sessions Judge has correctly appreciated the evidence on record to hold that the prosecution has failed to prove that the respondent nos.2 to 4 had kidnapped the deceased with an intention to kill him and had knowingly caused his death. We find on a reading of the judgment that the case is based on circumstantial evidence and the chain of circumstances is not complete. We further find that the recovery is not proved. The chemical analyzer's report also does not support the case of the

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3001appa79.16.odt

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prosecution. In the circumstances of the case, the learned Sessions Judge has rightly held that the accused were entitled to be acquitted for the offences punishable under Sections 364, 302, 201 read with Section 120-B of the Penal Code and Section 4/25 of the Arms Act.

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No case is made out by the applicant/appellant for grant of leave to file the appeal. Hence, the prayer made by the applicant/appellant for grant of leave to file the appeal against the acquittal of the respondent nos.2 to 4 is rejected.

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The criminal application as well as criminal appeal stand disposed of accordingly.

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JUDGE JUDGE

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Wadkar

Amol Gopalsingh Maher v. the State of Maharashtra, through P.S.O. P.S. Yavatmal (Rural) and Others

Case brief

What is this about?

What did the court decide?

Amol Gopalsingh Maher v. the State of Maharashtra, through P.S.O. P.S. Yavatmal (Rural) and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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