The State Of Maharashtra v. Sudam S/O Bapurao Mirgaji And ANR

cra3385.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3385 OF 2015 The State of Maharashtra, Through Police Station, Shivajinagar, Nanded.

...APPLICANT

VERSUS

1) Sudam s/o Bapurao Mirgaji, Age-32 years, Occu:Labour, R/o-Gokulnagar, Nanded,

2) Rajkumar @ Raju Pundlikrao Katimani, Age-33 years, Occu:Private Service, R/o-Shikshak Colony, Humnabad, Tq-Humnabad, Dist-Bidar (Karnataka).

...RESPONDENTS ...

Mr. D.R. Kale, A.P.P. for Applicant.

...

CORAM: S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 19TH OCTOBER, 2016 ORDER :

.

Heard learned A.P.P. for the State.

cra3385.15 Perused notes of evidence and in particular evidence of PW-4 and PW-5. Prima facie it appears that findings recorded by the trial Court are not in consonance with the evidence brought on record by the prosecution. Hence the case is established for admission of the Appeal, allowing the Application seeking leave to Appeal.

2.

The Criminal Application is allowed in terms of prayer clause (A), (B), (C), (D) and (F). The Application stands disposed of, accordingly. 3.

Appeal Admit.

4.

Action under Section 390 of Cr.P.C. to follow, against both the Respondents, before the Sessions Court, Nanded.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] asb/OCT16