Allowed

The State of Maharashtra through Ps Daryapur Dist Amravati v. Ankit Kishor Ghate

Bombay HC31 Jul 2024APPA/702/2024

Case brief

AI extract

What is this about?

State sought leave to appeal against acquittal of the accused in a murder trial, citing three consistent eye-witnesses, seizure of weapon with deceased's blood group on it and prompt FIR. The court found the matter required reconsideration and granted leave to file the appeal.

What did the court decide?

Leave granted to file appeal against acquittal; appeal admitted; respondent/accused to be released on PR bond of Rs.10,000/- with one surety.

The State of Maharashtra through Ps Daryapur… — Murder and Culpable Homicide | Bombay HC (2024)

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1 913.appa.702.2024

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

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CRIMINAL APPLICATION NO.702 OF 2024

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State of Maharashtra ..vs.. Ankit Kishor Ghate

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

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- - - - Shri Pathan, Additional Public Prosecutor for the State.

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CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, J J. DATED : 06/08/2024.

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Heard.

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The prosecution is seeking for leave to file an appeal raising the challenge to acquittal order passed in Sessions Trial No.96/2017 dated 10.05.2024 rendered by the Additional Sessions Judge, Achalpur whereby the sole accused was acquitted form the charge punishable under Section 302 of the Indian Penal Code.

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Learned Additional Public Prosecutor took us through the impugned judgment to impress that despite the evidence of three consistent eye-witnesses, seizure of weapon, finding of blood stains on the weapon and clothes, the Trial Court has acquitted the accused.

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It is submitted that the informant Prakash Jawre is the injured witness, who has deposed about the actual assault. We have also been taken through the portion of the impugned judgment to indicate that besides PW3 informant Prakash Jawre, PW-4 Prakash Kutafale and PW-5 Sanjay Punekar are the eye-witnesses, who stick up

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2 913.appa.702.2024

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the prosecution case during the trial.

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Our attention has been invited to paragraph 42 of the judgment pertaining discovery at the instance of the accused. Moreover, particularly, it is pointed out that, blood group of deceased was found on the seized weapon and clothes from the accused. Learned A.P.P. would submit that within 3 to 4 hours from the incident, the FIR has been registered with a specific act of the accused.

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In view of the above, certainly the matter requires reconsideration.

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Hence, the application is allowed and disposed of. Leave is granted to file an appeal.

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CRIMINAL APPEAL ST. NO.5929 OF 2024

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Heard. ADMIT .

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Action under Section 390 of the Code of Criminal Procedure shall follow.

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The Trial Court shall release the respondent/accused Ankit Kishor Ghate on bail on his furnishing PR bond of Rs.10,000/-with one surety in the like amount.

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Call for the Records and Proceedings.

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(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Trupti Date: 07/08/2024 10:42:09

The State of Maharashtra through Ps Daryapur Dist Amravati v. Ankit Kishor Ghate

Case brief

What is this about?

What did the court decide?

The State of Maharashtra through Ps Daryapur Dist Amravati v. Ankit Kishor Ghate

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

All orders in this case

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