The State Of Maharashtra v. Manik Nagappa Birajdar And ORS

1 Cri.A-2568-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2568 OF 2015 The State of Maharashtra ...APPLICANT versus Manik Nagappa Birajdar & ors.

...RESPONDENTS .....

Mr. M.M. Nerlikar, APP for applicant - State Mr. B.B. Dahiphale, Advocate holding for Mr. N.P. Patil, Jamalpurkar, Advocate for Respondents No. 1 to 4 .....

CORAM : S.S. SHINDE AND K.K. SONAWANE, JJ.

DATED : 5th JANUARY, 2017.

Order :- 1.

Heard learned APP appearing on behalf of applicant - State and learned counsel appearing for respondents No. 1 to 4. 2.

With able assistance of learned APP appearing for applicant - State, we have perused the notes of evidence, in our opinion, the evidence of witnesses, namely, P. Ws. 4 and 7 has not been properly appreciated by the trial court. As a matter of fact, one of the witnesses is injured. In that view of the matter, case is established for seeking leave to file an appeal. The application seeking leave to file an appeal is allowed and the same stands disposed of.

3.

The appeal is admitted.

4.

Action under section 390 of the Criminal Procedure Code to follow before the court of Additional Sessions Judge, Omerga, District Osmanabad.

Sd/- Sd/- [ K. K. SONAWANE, J. ] [ S.S. SHINDE, J.] MTK