Sudam Kisan Deshmukh v. Anandrao Baburao Deshmukh And ORS

1 ALP 79-17.odt-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.79 OF 2017 Sudam Kisan Deshmukh.

] ... Appellant

Versus

Anandrao Baburao Deshmukh & Ors.

] ... Respondents Mr. Vijay S. Gharat for Appellant.

Smt. S. D. Shinde, APP for State - Respondent No.5. CORAM :- B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :- NOVEMBER 24, 2018 P. C. :- 1.

The Applicant seeks leave to appeal against the Judgment dated 17/08/2015 delivered by the learned Additional Sessions Judge, Khed-Rajgurunagar, District Pune.

2.

Consideration in the Judgment shows that in paragraph 12 onwards, the learned Appellate Court has looked into the evidence and found the testimony of the complainant is inconsistent with the URS 1 of 2

2 ALP 79-17.odt-26 report at Exh.40. Not only this, his version about the injuries is also not accepted. We find that the report itself is lodged after delay of 27 days as observed in paragraph 22.

3.

We, therefore, find that a probable view has been taken by the Appellate Court. No case is therefore made out. Appeal is rejected.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2