The State Of Maharashtra v. Rangnath Ganpat Salve

Cri.Appln.No.3616/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3616 OF 2014 The State of Maharashtra ...

APPLICANT

VERSUS

Rangnath Ganpat Salve ...

RESPONDENT .....

Shri M.M. Nerlikar, A.P.P. for applicant/ State .....

CORAM:

S.S. SHINDE AND A.I.S. CHEEMA, JJ.

DATED:

1st July, 2015.

ORAL ORDER :

1.

Heard. Upon perusal of the evidence, it is clear that, prosecution did not lead satisfactory evidence to show that the deceased was last seen in the company of the accused soon before the death. In fact, dead body was recovered after about one week from the date of the incident, and it was decomposed. There is no evidence on record to suggest that death was

Cri.Appln.No.3616/2014 homicidal. Statement of P.W.3 (son of the deceased and accused) is belatedly recorded after one month of the alleged date of incident. Upon perusal of the findings recorded by the trial Court in the light of oral evidence, the view taken by the trial Court appears to be possible. In that view of the matter, no interference is warranted in the impugned order. Leave to file appeal is refused. Application stands rejected. (A.I.S. CHEEMA, J.) ( S.S. SHINDE, J.) fmp/cri3616.14