The State Of Maharashtra v. Jehara Mohammed Mehandi Sayyed

15. als 121.19.doc Urmila Ingale IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (STATE) NO. 121 OF 2019 The State of Maharashtra .. Applicant Vs.

Jehara Mohammed Mehandi Sayyed .. Respondent Mr. Arfan Sait, APP for State.

CORAM : RANJIT MORE & M. S. KARNIK, JJ.

DATE : 13th NOVEMBER, 2019.

P. C. :

.

Heard.

2.

The applicant has filed application for leave to file Appeal against the judgment and order of acquittal. The respondent was charged for an offence punishable under sections 302, 201 of the Indian Penal Code. By the impugned order however she has been acquitted. 3.

The deceased is husband of the respondent - accused. Learned Judge has concluded that death of the deceased is homicidal. There is no eyewitness to the incident. Learned Judge took into consideration two circumstances namely the respondent was last seen in the company of the deceased and the motive. Learned Judge, however, failed to consider another two circumstances namely subsequent conduct of the respondent as well as the injuries on the body of the deceased 1/2

15. als 121.19.doc namely abrasion as it is evident from the post mortem report. 4.

In the above circumstances, we grant leave to file Appeal and admit the Appeal. Registry is directed to register the same. In addition to above, we also direct action under section 390 of Crpc. [M. S. KARNIK, J.] [RANJIT MORE, J.] Digitally signed by Urmila P. Ingle Date:

2019.11.14 17:23:22 +0530 Urmila P.

Ingle 2/2