The State Of Maharashtra Through Ps Daryapur Dist Amravati v. Ankit Kishor Ghate

1 913.appa.702.2024 IN T HE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.702 OF 2024 State of Maharashtra ..vs..

Ankit Kishor Ghate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Pathan, Additional Public Prosecutor for the State.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

06/08/2024.

Heard.

2.

The prosecution is seeking for leave to file an appeal raising the challenge to acquittal order passed in Sessions Trial No.96/2017 dated 10.05.2024 rendered by the Additional Sessions Judge, Achalpur whereby the sole accused was acquitted form the charge punishable under Section 302 of the Indian Penal Code.

3.

Learned Additional Public Prosecutor took us through the impugned judgment to impress that despite the evidence of three consistent eye-witnesses, seizure of weapon, finding of blood stains on the weapon and clothes, the Trial Court has acquitted the accused. 4.

It is submitted that the informant Prakash Jawre is the injured witness, who has deposed about the actual assault. We have also been taken through the portion of the impugned judgment to indicate that besides PW3 informant Prakash Jawre, PW-4 Prakash Kutafale and PW-5 Sanjay Punekar are the eye-witnesses, who stick up

2 913.appa.702.2024 the prosecution case during the trial.

5.

Our attention has been invited to paragraph 42 of the judgment pertaining discovery at the instance of the accused. Moreover, particularly, it is pointed out that, blood group of deceased was found on the seized weapon and clothes from the accused. Learned A.P.P. would submit that within 3 to 4 hours from the incident, the FIR has been registered with a specific act of the accused.

6.

In view of the above, certainly the matter requires reconsideration.

7.

Hence, the application is allowed and disposed of. Leave is granted to file an appeal.

CRIMINAL APPEAL ST. NO.5929 OF 2024 Heard. ADMIT.

2.

Action under Section 390 of the Code of Criminal Procedure shall follow.

3.

The Trial Court shall release the respondent/accused Ankit Kishor Ghate on bail on his furnishing PR bond of Rs.10,000/-with one surety in the like amount.

4.

Call for the Records and Proceedings.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 07/08/2024 10:42:09 Trupti