The State Of Maharashtra v. Datta Venkatrao Chitade And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6230 OF 2013 (The State of Maharashtra Vs. Datta Venkatrao Chitade and others) ---- Mr. S.W. Munde, A.P.P. for the applicant/State Mr. Joydeep Chatterji, Advocate for respondent Nos. 1 to 6 ---- CORAM :

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

DATE : 21st October, 2016 PER COURT :

Heard the learned A.P.P. and the learned counsel for the respondents.

2.

Perused the statements of the witnesses and particularly that of the informant, who has been examined as PW4 at Exh-65 and the medical evidence of Dr. Rameshwar Kande (PW1) at Exh-58. Though the eye witness - Dnyaneshwar Lahane (PW6) (Exh-76) seems to have resiled from his previous statement, from the evidence of the informant, which has been corroborated by his FIR to a great extent and also by the medical evidence, we are of the view that this is a fit case which needs to be considered for grant of leave to file

criapln6230-2013 an appeal against the acquittal of the respondents. Prima facie, the learned trial Judge does not seem to have appreciated the evidence correctly and properly. In the circumstances, we pass the following order:- 3.

The criminal application for grant of leave to file an appeal is allowed. The application stands disposed of. The office to register the appeal. 4.

On registration of the appeal, it stands admitted. On admission of the appeal, Mr. Joydeep Chatterji, learned counsel waives service of notice for the respondents.

5.

Action under section 390 of the Code of Criminal Procedure to follow.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/criapln6230-2013