The State Of Maharashtra v. Nijam Nisar Khan And ANR

29 ALS 68OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.68 OF 2016 The State of Maharashtra .... Applicant V/s.

Nijam Nizar Khan and anr .... Respondents Ms. S. D. Shinde, APP for the Applicant State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 22nd NOVEMBER, 2016.

P.C. :

1.

Heard learned APP Mrs. S. D. Shinde, appearing for the State.

2.

Perused the impugned judgment and order and notes of evidence tendered by the learned APP.

3.

Prima facie, we find that the learned Additional Sessions Judge, has committed an error in disbelieving the evidence of P.W.1, who is injured victim. We, therefore, grant leave. 4.

Appeal Admitted.

5.

The learned trial Court to take action action under Section 390 of Code of Criminal Procedure.

[DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 1/1