Samsang S/O Anthik Jyohn v. the State of Maharashtra through Pso Sitabuldi Nagpur
Case brief
What is this about?
Bombay High Court, Nagpur Bench (Neeraj P. Dhote, J.), Criminal Appeal No. 619 of 2024, decided 11/02/2026; neutral citation 2026:BHC-NAG:2329. Samsang S/o. Anthik Jyohn v. State of Maharashtra (PS Sitabuldi). Appeal under S.374(2) CrPC against conviction under Ss.353, 506(B), 294, 448 IPC (ST No. 140/2021, judgment dated 28/06/2022). Allowed; conviction quashed and Appellant acquitted. Key grounds: identity never established during investigation - no T.I.P., name sourced from unexamined Advocate Fransis, witnesses unknown to accused, identification only at trial after 7+ years (March-June 2022); FIR delayed two days without explanation (incident 20/08/2014; Crime No. 321/2014). Other statutory references: S.235(2), S.313(1)(b), S.428 CrPC. Release forthwith ordered; legal-aid advocate fee Rs.15,000/-.
What did the court decide?
Appeal allowed. Impugned judgment and order dated 28/06/2022 of the learned Assistant Sessions Judge, Nagpur in Sessions Trial No. 140/2021 quashed and set aside. Appellant acquitted of the offences (operative clause III records acquittal under 'Sections 535, 506(B), 294 and 448 of the I.P.C.', '535' appearing to be a misprint for '353' used elsewhere in the judgment). Appellant, who is in custody, to be released forthwith if not required in any other offence. R&P to be sent back to the learned Trial Court. Fees of appointed Advocate Shri A.K.Dobade quantified at Rs.15,000/-, payable by the High Court Legal Services Sub-Committee, Nagpur.