The State Of Maharashtra, Through P.S.O. Risod, Washim v. Madhav Dagdu Shahane

2311appa337.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 337 OF 2015 IN CRIMINAL APPEAL NO. OF 2015 (The State of Maharashtra thr. PSO, Risod, Dist. Washim vs. Madhav Dagdu Shahane) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

NOVEMBER 23, 2016.

Shri V.A. Thakare, learned APP for the applicant and Shri S.K. Bhandarkar, learned counsel for the nonapplicant. The evidence of Manisha (PW-9) examined as Prosecution Witness in support of her father-in-law, by her husband, has in cross examination stated that her husband resided at Risod. The evidence of brother of the accused (other son of the deceased) also shows that the accused was not residing with his father. This brother has brought on record illicit relationship between his father and PW-9. Though the trial Court found both the dying declarations consistent, it has on the strength of material on record, recorded a finding that the accused was not staying at Haral. The incident has taken place at 11.00 PM. In this situation, we find nothing on record to hold that the said finding of the trial Court is in any way perverse. No case is, therefore, made out. Leave rejected. Criminal Application is disposed of.

JUDGE JUDGE *GS.