Bombay High CourtAPEAL/461/2014dismissed

Prakash Gajananrao Waghmare v. State Of Maharashtra, Through Pso Arvi, Wardha And Another

2017-07-18Hon'Ble Shri Justice Z.A. Haq2 pages

1 apeal461.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 461 OF 2014 (PRAKASH GAJANANRAO WAGHMARE....VS.. STATE OF MAH. THR. P.S.O.ARVI, DISTT. WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mahesh Rai, Advocate for Appellant.

Shri A.D.Sonak, A.P.P. for Respondent/State.

CORAM : Z.A.HAQ, J.

DATED : JULY 18, 2017.

The respondent No.2 was prosecuted by the State of Maharashtra for the offences punishable under Sections 294 and 506 of the Indian Penal Code read with Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution was lodged by the State of Maharashtra on the complaint made by Prakash Gajananrao Waghmare (present applicant). By the judgment delivered on 19th May, 2014 the Sessions Court has acquitted the respondent No.2 of the charge for the offences punishable under Sections 294 and 506 of the Indian Penal Code read with Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant has filed appeal under Section 372 of the Code of Criminal Procedure to challenge the judgment passed by the Sessions Court. Along with memo of appeal, the appellant had not placed on record copies of the evidence of witnesses. The copies of evidence of witnesses are placed on record along with pursis dated 14th October, 2014.

2 apeal461.14 With the assistance of the learned advocate for the appellant, I have examined the depositions of the witnesses (copies of which are placed on record) and the judgment passed by the Sessions Court. I find that the learned Assistant Sessions Judge has considered the evidence exhaustively and has recorded the findings rightly. The appellant has not been able to point out any perversity in the conclusions of the learned Assistant Sessions Judge. The judgment passed by the learned Assistant Sessions Judge does not require any interference by this Court.

The appeal is dismissed.

JUDGE RRaut..