Gangadhar S/O Bakaramji Wade vs Sandip Manikrao Kalmegh And ...
2021 Latest Caselaw 14175 Bom

                                                                                            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.

22apeal194

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.

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.