Bombay High Court
The State Of Maharashtra vs Ghandekar Rabhan Chavan And ... on 14 February, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
1 53 cra 7144-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
53 CRIMINAL APPLICATION NO.7144 OF 2017
THE STATE OF MAHARASHTRA
VERSUS
GHANDEKAR RABHAN CHAVAN AND OTHERS
...
APP for Applicant-State : Mr. S. J. Salgare
....
CORAM : V. K. JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATED : 14th FEBRUARY, 2022.
....
P. C. :
1. Heard.
2. This is an application seeing seeking leave to fle an appeal
against the judgment and order of acquittal passed by Special
Judge, Aurangabad in Special Case No. 4 of 2012 dated
30/05/2017. Learned APP submits that respondents / accused
persons came to be charged for the offence punishable under
Sections 396, 397 of IPC for murder and dacoity with attempt to
cause death or grievous hurt with Section 3 (1)(i), 3(4) of the
Maharashtra Control of Organized Crime Act, 1999 for the
commission of unlawful activity by organized crime syndicate.
Learned APP submits that the trial court has acquitted all the
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seven accused person on two grounds; frstly that even though PW-
1 Vanubai is an injured eye witness, injuries sustained by her and
medical certifcate in respect thereto, is not produced by the
prosecution and as such there is no evidence to the effect that she
is an injured eye witness to the incident. Secondly the trial court
has discarded the identifcation of the accused persons on the
ground that despite PW-1 Vanubai had an occasion to see those
suspected persons in the village itself, however, she did not name to
them and further the identifcation parade though conducted is not
following the norms.
3. We are unable to pursue ourselves that the trial court is
merely a spectator if at all the medico legal certifcate pertaining to
PW-1 Venubai is not produced on record and if the concerned
Medical Offcer is not examined, the learned trial court would have
given specifc directions to produce those certifcates or even could
have examined the said witness under provisions of Section 311 of
the Cr.P.C. as a court witness. Apart from this, if PW-1 Vanubai
has not given the names of those persons in the FIR Exh-40,
however, the trial court has not considered the possibility that the
informant PW-1 Venubai may not be knowing the names of those
persons. Further the trial court has also not considered that PW-1
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Venubai / informant and her deceased husband were subjected to
brutal assault and beating and in consequence thereof, her
husband has sustained the fatal injuries and her husband though
was shifted to hospital, however, he was declared dead on arrival.
It has come in the oral evidence that PW-1 Venubai was remained
under treatment at various hospitals including private hospital,
Rural Hospital and fnally at Ghati Hospital, Aurangabad. She was
also kept in ICU for some period. However, the trial court has not
taken pains to call out those papers. It is a serious crime of
dacoity with murder. We fnd the casual approach of the trial court
while disposing of the case. In our considered opinion this is a ft
case to grant leave to fle an appeal. Hence, we proceed to pass
the following order.
ORDER
1. The criminal application is hereby allowed
in terms of prayer clause "B" and "D".
(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.)
vsm/-
