Thakubai Goroba Munde v. Ram Sampati Munde And ANR

3026.17appln 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. 3026 OF 2017 THAKUBAI GOROBA MUNDE

VERSUS

RAM SAMPATI MUNDE AND ANR ...

Advocate for the Applicant: Mr.S.R.

Shirsat holding for Mr. S.S. Jadhavar APP for respondent/State:Mr.A.R. Kale ...

CORAM: S.S. SHINDE & MANGESH S. PATIL, JJ Dated: October 09, 2017 ...

Heard learned counsel appearing for the applicant and learned A.P.P.

appearing for the Respondent-State.

2.

Inspite of service, none appears for Respondent No.1.

3.

We have carefully perused the findings recorded by the trial Court. In our prima facie opinion, the Medical Report and also the C.A. Report, which

3026.17appln connect the accused with commission of crime have not been properly considered by the Trial Court. So also other evidence is also not considered by the Trial Court. In that view of the matter, the case is made out to allow the application seeking leave to appeal.

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

4.

Appeal is admitted. On admission, learned A.P.P. waives service.

5.

Action under section 390 of Code of Criminal Procedure to follow before Sessions Court at Osmanabad.

(MANGESH S. PATIL, J) (S.S. SHINDE, J) SGA/