The State Of Maharashtra vs Vishal Balasaheb @ Parshuram ...
2021 Latest Caselaw 8321 Bom

                                                                           4.ALS.3.2021.doc


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                        CRIMINAL APPELLATE JURISDICTION

         APPLICATION FOR LEAVE TO APPEAL (STATE ) NO.3 OF 2021

 The State of Maharashtra                           ....Appellant
        Versus
 Vishal Balasaheb @ Parshuram Sakhare               ....Respondent
                                           ***
 Mr. Arfan Sait, APP for Appellant

                                           ***

                                 CORAM       : PRASANNA B. VARALE &
                                               SURENDRA P. TAVADE, JJ.

                                 DATE        : 22nd JUNE, 2021


 PER COURT :

 1.             Heard learned APP.

2. By inviting our attention to the judgment and order passed by the

learned Additional Sessions Judge, Pune in Sessions Case No.299/2015 and

more particularly the evidence brought on record by the prosecution in respect

of the ocular testimony of a child witness, the learned APP submits that the trial

Court committed a serious error in appreciating the evidence. It is also the

submission of learned APP that it was an undisputed fact that the relationship

between the accused and deceased was of husband and wife and on the

Aarti Palkar 1/2

4.ALS.3.2021.doc

backdrop of this fact, the learned trial Court ought to have appreciated the case

of prosecution submitted before the Court. Learned APP also submits that the

P.M. notes issued by the autopsy surgeon clearly shows that the deceased

received as many as ten injuries including Injury No.1 and 2 on the face of

deceased. It is the submission of learned APP that these injuries correspond

with the version of witness that the accused initially gave a blow of laptop to the

deceased.

3. Issue notice to the Respondent returnable on 06.07.2021.

 [SURENDRA P. TAVADE, J.]                               [PRASANNA B. VARALE, J.]




 Aarti Palkar                                                                               2/2