Kacharu Kondiba Bade vs The State Of Maharashtra And ...
2022 Latest Caselaw 997 Bom

                                                     960-CriAppeal-378-2021
                                     -1-

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     960 CRIMINAL APPEAL NO. 378 OF 2021

                         KACHARU KONDIBA BADE
                                  VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                     .....
              Advocate for Appellant : Mr. Nagargoje Ankush N.
                 APP for Respondent-State : Mrs. D. S. Jape
                                     .....

                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR. C. MORE, JJ.

DATED : 27th JANUARY, 2022

PER COURT:-

1. Heard.

2. Learned counsel for the appellant submits that the trial court

has disbelieved the evidence of the injured witness PW 2 Kacharu

Bade and the two eye witnesses. The trial court has disbelieved the

evidence of the eye witnesses only for the reason that their names

were not mentioned in the FIR. Learned counsel submits that so far as

the injured witness PW 2 Kachru Bade, i.e. the complainant, is

concerned, the trial court has disbelieved him without any justifiable

reason. On the other hand, his evidence is fully corroborated by the

medical evidence of PW 9 Dr. Pandharinath Mante. PW 2 Kacharu

Bade-complainant has sustained two grievous injuries and other

960-CriAppeal-378-2021

simple injuries as opined by PW 9 Dr. Pandharinath Mantke.

3. We have carefully gone through the evidence of PW 2 Kacharu

Bade and PW 9 Dr. Pandharinath Mante and also perused the

judgment and order of acquittal passed by the trial court. Apparently,

we find no justifiable reason for disbelieving the evidence of the

injured witness, which is corroborated by the medical evidence.

4. In view of the above, issue notice to the respondents, returnable

on 10.03.2022. Learned APP waives notice for respondent no.1-State.

5. We direct action under Section 390 of Cr.P.C. against the

respondents-accused nos. 2 to 4

6. Call record and proceedings.

(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vre