The State Of Maharashtra vs Bharat S/O. Tarachand Pawar And Others
2024 Latest Caselaw 3265 Bom

Bombay High Court

The State Of Maharashtra vs Bharat S/O. Tarachand Pawar And Others on 2 February, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:2305-DB
                                                                           910-ALS-28-2019.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

               910 APPLN. FOR LEAVE TO APPEAL BY STATE NO. 28 OF 2019
          The State of Maharashtra                                 ....Appellant


                VERSUS

          Bharat S/o. Tarachand Pawar and Ors.                     .....Respondents

                                                    .....
          Ms. U. S. Bhosle, APP for the Appellant
                                                    .....


                                               CORAM      :   R.G. AVACHAT &
                                                              NEERAJ P. DHOTE, JJ.
                                               DATE       :   02.02.2024

          PER COURT :

          1.    Leave to add the Victim as a Party Respondent.


          2.    Learned APP appearing for the Appellant tenders across the bar a report
          from the concerned Jail, stating that the acquitted Respondent No.1 - Bharat
          Tarachand Pawar died on 26/07/2020. The said report is taken on record and
          marked as 'X-1' for the identification.


          3.    The State is permitted to delete Respondent No.1 from the papers of this
          Appeal since the Appeal stands abated against the said Respondent No.1.

          4.    This is an Application for leave to Appeal by the State against the
          Judgment and Order dated 02/11/2018 passed by the learned Additional
          Sessions Judge, Beed, in Sessions Case No.34/2017 acquitting the Respondent
          Nos.2 to 4 for the offences punishable under Sections 302, 309, 498(A) and
          304(B) read with Section 34 of the Indian Panel Code, 1860 and Sections 3 and
          4 of the Dowry Prohibition Act, 1961.




                                                     1
                                                                                     910-ALS-28-2019.odt


5.       Heard the learned APP for the Appellant / State. Perused the papers on
record.


6.       The following observations are made by the learned Trial Court, which
are reproduced below:

"51. So far as the role of accused No. 2 to 4 is concerned, it has come in the evidence of
Badrinarayan (PW-11) that when 2,3 boys came in the hotel to call accused No. 2 he was present
in the hotel and thereafter accused No. 2 took his vehicle to the place of incident and carried
deceased and accused No. 1 to the hospital. As such there is no evidence against accused No. 2.
Similarly there is no evidence against accused No. 3 and 4. That apart the accused No. 3 and 4
claims that they are residing separately and in support of their plea they relied on ration card. Even
allegation of ill-treatment and harassment for demand of Rs.2,00,000/- is concerned, the evidence
is found against accused No. 1 only. There is no specific evidence against accused No. 2 to 4. As
such there is vaccum in the evidence of prosecution as to the role attributed to the accused No. 2
to 4 and no criminal liability can be fastened against them".


7.       It is clear from the papers on record that the Respondent Nos.2 to 4 were
not residing with the deceased. We do not find any infirmity in the impugned
Judgment and Order and no merit in the Application for leave to Appeal by
State. Hence, we proceed to pass the following order:
                                             ORDER

(I) The Application for leave to Appeal by State stands dismissed.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]

Sameer