The Nagpur Bench rejected an application seeking leave to file an appeal against an order acquitting respondents of offences under IPC Sections 304A, 201 and 34. The court held the prosecution failed to establish a case.
Rejection of the application seeking leave to file appeal.
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.
1
3appa 54.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CRIMINAL APPLICATION (APPA) NO. 54 OF 2020 IN CRIMINAL APPEAL NO..............OF 2021
(State of Maharashtra Vs. Vilas Annaji Gadhave & Ors.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.
Shri H.D. Dubey, A.P.P. for the applicant/appellant.
Shri J.K. Matale, Advocate for respondent Nos.1 and
3.
CORAM : PUSHPA V. GANEDIWALA, J.
JANUARY 21, 2021.
Heard.
2]This is an application seeking leave to
file appeal against the judgment and order dated
07/10/2019 passed by the Judicial Magistrate First
Class, Chandur Railway, District Amravati in Special
Criminal Case No. 187/2014, whereby the
respondents are acquitted of the offence punishable
under Sections 304A and 201 read with Section 34 of
the Indian Penal Code, 1860.
3]I have perused the impugned judgment
so also the depositions annexed with the application.
4]At the outset, the case is based on
circumstantial evidence. There is no eye-witness to
2
3appa 54.2020
the incident. The cause of death, as per the
prosecution story, is electrocution, which the
respondents allegedly led in their field through live
electric wires.
5]The Investigating Officer Shamrao
(PW6) though deposed that he had seen the traces of
electric wires fixed through wooden logs towards the
boundary of fields of the respondents, however,
neither the panchas support the case of the
prosecution, nor the documents relating to the
properties in question have been produced before the
Court.
6]Furthermore, there is no medical opinion
available on record to show that the death of
deceased Praful Jambhulkar is caused due to the
aforesaid electric wires.
7]Apart from above, there is no other link
of circumstances, which could be proved by the
prosecution to connect the respondents with the
alleged crime. The learned trial Court has properly
considered each and every point, and with a well
reasoned judgment, acquitted the respondents.
8]Given the aforesaid facts and
circumstances of the case, this Court is of the opinion
3
3appa 54.2020
that the prosecution has failed to make out a case for
grant of leave to file appeal. Hence, the application is
rejected.
JUDGE
Sumit
1 issue framed by the court
Whether leave should be granted to the applicant to file an appeal against the acquittal of respondents.
State of Maharashtra
Vilas Annaji Gadhave & Ors.
PUSHPA V. GANEDIWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court