Ramesh S/O. Vithal Wathore v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 2690 OF 2017 RAMESH S/O. VITHAL WATHORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for applicant :Mr. R.B. Narvade Patil APP for respondent/State:Mr.S.P. Deshmukh Advocate for respondent nos.2 to 5 : Mr.Anand R. Magar holding for Mr. G.P. Shinde ...

CORAM: S.S.SHINDE & A.M. DHAVALE, JJ.

Dated: September 01, 2017 ...

Heard the learned counsel appearing for the applicant, learned APP appearing for the respondent/State and the learned counsel appearing for respondent nos.2 to 2.

The learned counsel appearing for the applicant invites our attention to the evidence of the prosecution witnesses and also the medical evidence and submits that, the said evidence has not been

properly appreciated by the trial Court.

3.

On the other hand, the learned counsel appearing for respondent nos. 2 to 5 invites our attention to the findings recorded by the trial Court and submits that, the findings recorded by the trial Court are in consonance with the evidence brought on record. There is no perversity as such. The possible view has been taken by the trial Court. Hence the application seeking leave to file appeal may be rejected.

4.

We have considered the submissions advanced by the learned counsel appearing for the applicant, learned counsel appearing for respondent nos.2 to 5 and the learned A.P.P. appearing for respondent/State.

Upon careful perusal of the findings recorded by the trial Court, we are of the prima facie view that, the evidence of injured witnesses and also the medical evidence has not been properly considered and appreciated by the trial Court. In that view of the matter, the case is established for allowing this application seeking leave to file appeal from the

judgment and order dated 27th March, 2017 passed by the Additional Sessions Judge-4, Nanded in Sessions Case No.

40/2013. Accordingly, the application is allowed and the same stands disposed of.

6.

Appeal is admitted. On admission, the learned A.P.P. waives service on behalf of respondent/State. Mr. Anand R. Magar holding for Mr. G.P. Shinde waives service on behalf of respondent nos.2 to 7.

Action under section 390 of Cr.P.C.

to follow against respondent nos. 2 to 5 before the Court of Additional Sessions Judge-4, Nanded.

(A.M. DHAVALE,J) (S.S. SHINDE,J) SGA/