Bhanudas S/O Rambhau Jarhad v. Bappasaheb S/O Vithoba Jarhad And Others

1 Cr. Apln. 1195.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1195 OF 2017 Bhanudas s/o Rambhau Jarhad ..... APPLICANT V E R S U S Bappasaheb s/o Vithoba Jarhad & Ors. ..... RESPONDENTS .............................

Mr. R.B.Deshpande, Advocate for Applicant.

Mr. K.N.Lokhande, A.P.P. for R - 4 - State.

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CORAM : V.L.ACHLIYA, J.

DATE : 11th APRIL, 2017 .............................

ORDER :

1.

The applicant has taken out this application seeking leave to file Appeal against the Judgment and Order of acquittal dated 04/07/2016 passed by the Ad-hoc Additional Sessions Judge, Jalna in Criminal Appeal No. 7/2013.

2.

Heard learned counsel for the applicant and learned A.P.P. for respondent No. 4 - State. Respondent

2 Cr. Apln. 1195.2017 Nos. 1 to 3, though served, failed to appear. 3.

Respondent Nos. 1 to 3 were tried for committing the offences punishable u/ss 325, 324, 323, 504, 506 read with section 34 of the Indian Penal Code. On conclusion of trial, Respondent Nos. 1 to 3 were held guilty of the offence u/s 325 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 5,000/- [Rupees Five Thousand]. Being aggrieved, respondent Nos. 1 to 3 preferred Appeal, which was allowed by the Judgment and Order dated 04/07/2016 in Criminal Appeal No. 7/2013 passed by the Ad-hoc Additional Sessions Judge, Jalna. Being aggrieved by the order of acquittal recorded by the appellate Court, the complainant/victim has preferred this Appeal. 4.

Having regard to the fact that there are inconsistent findings on facts recorded by the courts below and further considered the reasons assigned by the appellate Court to set aside the Judgment and Order passed by the trial Court, I am of the view that the arguable case is made out to grant leave to file Appeal. I am, therefore, inclined to allow the application. Leave

3 Cr. Apln. 1195.2017 granted in terms of prayer clause 'C'. On registration of Appeal, notice of admission of Appeal be issued to respondent Nos. 1 to 4 making returnable within four weeks i.e. 05/06/2017. Learned A.P.P. waives service of notice for respondent No. 4 - State.

5.

Stand over for four weeks i.e. 05/06/2017.

[V.L.ACHLIYA, J.] KNP/Cr. Apln. 1195.2017