Bombay High CourtAPPA/1050/2019rejected

State Of Mah., Thr. Police Station Officer Ps, Gondia Gramin Dist Gondia v. Rewatilal S/O Dobanu Meshram

2019-12-10Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa1050.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 1050/2019 IN CRIMINAL APPEAL NO. /2019 State of Maharashtra ..VS..

Rewatilal D. Meshram - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T.A. Mirza, APP for the appellant/State CORAM : Z.A.HAQ & M.G.GIRATKAR, JJ.

DATED :

10/12/ Heard.

Learned Sessions Judge has acquitted the respondent / accused recording that the prosecution has failed to prove the charge against the accused of causing death of his father by inflicting injuries on his head by bamboo.

The prosecution heavily relies on the evidence of P.W. 1 - Indubai (daughter-in-law of deceased and sister-inlaw of the accused), and P.W. 5 - Kusum (grand daughter of the deceased) in whose presence according to the prosecution, the accused had made extra judicial confession before P.W. 1 - Indubai.

With the assistance of learned APP, we have gone through the notes of evidence of the witnesses and the judgment given by the learned Sessions Judge.

2 appa1050.19 We find that the learned Sessions Judge has appreciated the evidence on record properly and it cannot be said that there is any illegality or perversity in the appreciation of evidence by the learned Sessions Judge. The appellant / State has not been able to point out that any relevant and material evidence is not considered or wrongly considered by the learned Sessions Judge. In our view, the impugned judgment does not require any interference. Hence, the prayer made on behalf of the appellant / State seeking leave to file appeal is rejected.

The criminal application is dismissed.

Consequently, the criminal appeal is rejected. JUDGE JUDGE ANSARI