22apeal194
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 194/2020
(Gangadhar S/o Bakaramji Wade Vs. Sandip Manikrao & anr.)
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri V. V. Dahat, Advocate for appellant.
Ms. A. Sharma, Advocate h/f Shri P. R. Agrawal, Advocate
for respondent No. 2.
Shri M. J. Khan, APP for respondent No. 2/State.
CORAM : VINAY JOSHI, J.
DATE : 30.09. 2021.
Heard.
2. This is an appeal of victim (father of deceased) challenged the order of acquittal passed in Sessions Trial No. 172/2017 vide judgment and order dated 06.01.2020. The respondent No.1 - husband was charged for offence punishable under Sections 498-A and 306 of the Indian Penal Code. The Trial Court recorded evidence of 11 witnesses and ultimately came to the conclusion that the prosecution has not proved the charge, hence acquitted the respondent No. 1. ::: Uploaded on - 30/09/2021 ::: Downloaded on - 02/10/2021 06:28:22 :::
22apeal194 2
3. The evidence is led on the point of cruelty. Diary containing the notes written by deceased relating to quarrel has been seized. Evidence of handwriting expert is also led. Having regard to the nature of accusation, the matter requires re-appreciation. In view of that, following order:-
4. Admit.
5. Learned Advocate for respondent No. 1 and learned APP for respondent No. 2 waive service of notice.
6. Action under Section 390 of the Code of Criminal Procedure shall follow:-
7. The Trial Court shall release him on bail on his furnishing P. R. Bond of Rs. 15,000/- with one surety in the like amount.
JUDGE Gohane.
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