The State Of Maharashtra v. Bharat S/O Uttam Chigure And Another

4391.14crapln 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.4391 OF 2014 THE STATE OF MAHARASHTRA

VERSUS

BHARAT S/O UTTAM CHIGURE AN ...

APP for Applicant/State : Mrs.P.J. Bharad.

Advocate for Respondents :Mr.Chatterji Joydeep. ...

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

Dated: JANUARY 08, 2015 ...

Heard learned APP for the State and learned Counsel for respondents. Perused the record, notes of evidence and also the findings recorded by the trial Court. It appears that the presence of original accused No.2 Phulabai w/o Uttam Chigure itself was not convincingly established by the prosecution and secondly, even if the allegations of ill-treatment are taken in its entirety, it appears that there are no specific allegations against the accused No.2.

In that view of the matter, the view taken by

4391.14crapln the trial Court as against respondent No.2 appears to be plausible. Therefore, so far as respondent / accused No.2 Phulabai Uttam Chigure is concerned, leave to file appeal is refused. Application stands rejected to the extent of respondent No.2.

So far as applicant No.1 Bharat s/o Uttam Chigure is concerned, upon perusal of the evidence and in particular, evidence of P.W.1, it shows that there are specific allegations about ill-treatment and also the medical evidence needs consideration. In that view of the matter, the application is allowed in terms of prayer clauses (B), (C), and (F) so far as respondent No.1 is concerned. Application stands disposed of.

Appeal admitted.

On admission, learned Counsel for respondents waives service.

Action under Section 390 Cr.P.C. to follow before the Sessions Court, Jalna.

(A.M. BADAR, J) (S.S. SHINDE, J) kadam/