The State Of Maharashtra v. Pandurang Hari Gaikwad And ANR

12 ALS 129 OF 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.129 OF 2015 The State of Maharashtra .... Applicant V/s.

Pandurang Hari Gaikwad and anr .... Respondents Mrs. S.D. Shinde, APP for the Applicant State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 22nd NOVEMBER, 2016.

P.C. :

1.

Heard Mrs. S.D. Shinde, learned APP appearing on behalf of applicant State.

2.

This application is filed for seeking leave to appeal against the judgment and order dated 20.08.2015, passed by learned Additional Sessions Judge, Solapur, in Special Case No.42 of 2013, of acquittal of respondents for offence punishable under Sections 3(1) (v), [ 3(2) (v) and 3(1)(x) read with Section 6 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and for offence punishable under Section 302 read with 34 of the Indian Penal Code. 3.

The incident in question occurred on 20.8.2013. F.I.R. is lodged at the instance of P.W.1 Sitabai on 24.08.2013. The deceased 1/2

12 ALS 129 OF 2015.doc died on 25.08.2013. In support of its case, prosecution examined as many as 9 witnesses. The prosecution relied upon the evidence of P.W.1 Sitabai- the wife of deceased, P.W. 2 and P.W.3, who are claimed to be the eye witnesses. In addition to this, prosecution relied upon oral dying declaration given to P.W. Nos. 1 & 2. The learned Sessions Judge disbelieved P.W. 1, 2 and 3 on the ground of contradictions. 4.

We have gone through the deposition of P.W. Nos. 1, 2 and 3 and find that prima facie case is made out. We, therefore, grand leave to appeal. Appeal is admitted.

5.

Registry is directed to take action against respondents under Section 390 of Code of Criminal Procedure.

[DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2