Bombay High Court
State Of Mah. Thr. Pso Ps Ram Nagar, ... vs Umendra S/O Kanhaiyalal ... on 14 June, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Application 272.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 272 OF 2020
IN
CRIMINAL APPLICATION NO. 237 OF 2021
The State of Maharashtra
Vs.
Umendra S/o Kanhaiyalal Chaudhari
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri T.A. Mirza, APP for the applicant.
Shri R.M. Daga, Advocate for the non-applicant.
CORAM : V.M.DESHPANDE AND
AMIT BORKAR, JJ.
DATE : 14th JUNE, 2021.
1. Hearing was conducted through Video
Conferencing and learned counsel agreed that the
audio and visual quality were proper.
2. This is an application for leave to file
appeal. The application is moved by State through
learned Additional Public Prosecutor. The
prosecution is seeking leave to file appeal since the
State is aggrieved by the judgment and order of
acquittal passed by learned Sessions Judge, Gondia
in Sessions Case No. 94 of 2015 on 29.11.2019,
whereby the learned Judge acquitted the
respondent/original accused for the offences
2 Application 272.2020
punishable under Sections 302, 323, 498-A and 504
of the Indian Penal Code.
3. We have heard learned Additional Public
Prosecutor Shri T.A. Mirza for the applicant/State
and Shri R.M. Daga, learned counsel for the
respondent. We have also perused notes of evidence
and the post mortem report (Exh.42).
3. Deceased Durglata was wife of the
respondent. Their marriage took place in the year
2007 and Durglata was found in dead condition in
her matrimonial house on 13.09.2015. The post
mortem report (Exh.42) would show that the autopsy
surgeon found rigor-mortis though poorly around the
neck. This aspect is not properly considered by the
learned Sessions Judge while considering the
circumstances and the findings of the Atopsy Surgeon
that the death was caused due to asphyxia due to
throttling.
4. In our view, the judgment of acquittal
needs relook in the light of prosecution evidence and
the documents which are duly proved by the
prosecution during the trial.
5. In view of the above, the criminal
application is allowed. Leave is granted to State to
file the appeal against the judgment and order of
acquittal.
The Criminal Application is disposed of.
3 Application 272.2020
CRIMINAL APPEAL No. /2021
1. Heard.
2. Admit. Learned counsel waives services
for the respondent.
3. Action under Section 390 be taken against
the respondent.
4. Learned Judge below before whom the
respondent will be brought or appears on his own is
directed to release the respondent on the executing a
P.R. Bond of Rs.25,000/- with one solvent surety of
the like amount.
5. At this stage, learned counsel Shri R.M.
Daga for the respondent would submit that the
respondent is working as a compounder in Green
City Hospital, Nagpur, which falls within the
jurisdiction of Dhantoli Police Station, Nagpur.
6. Until further orders, the respondent shall
mark his presence at Dhantoli Police Station, Nagpur
once in six months.
JUDGE JUDGE
C.L. Dhakate
