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[Cites 1, Cited by 2]

Bombay High Court

State Of Maharashtra Thr. P.S.O., P.S. ... vs Pappu Rameshwar Dhoke on 6 February, 2020

Author: Madhav J. Jamdar

Bench: S.B. Shukre, Madhav Jayajirao Jamdar

1/2                                                                     920 appa 242.19.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR
               CRIMINAL APPLICATION NO.242 OF 2019 (APPA)
                                   State of Maharashtra,
                              through Police Station Officer,
  Police Station Nandgaon Khandeshwar, Tq. Nandgaon Khandeshwar, District Amravati
                                            VS.
                                  Pappu Ramesh Dhoke,
                               aged 30 years, Occ. Business,
                 R/o Revati, Tq. Nandgaon khandeshwar, District Amravati
Office     Notes,   Office                       Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                         Mrs. Ketki Joshi, learned Addl. P.P. for the applicant/State.
                         Mr. G.G. Babrekar, Advocate for respondent.


                                         CORAM : SUNIL B. SHUKRE AND
                                                 MADHAV J. JAMDAR, JJ.

DATE : 06.02.2020.

Heard Mrs. Ketki Joshi, learned Addl. P.P. for applicant/State and Mr. Babrekar, learned counsel for the respondent.

Perused the evidence of Rajendra Bawangade (PW-1), who had reached the spot of incident immediately after victim of crime, Anil sustained stab injuries and who had went to the house of victim of crime Anil and who saw Anil as having bleeding injuries on his abdomen and also Anil Bawangade (PW-2), the injured victim himself. We have gone through the evidence of Sumedh Bawangade (PW-5) s/o injured victim, Anil who was an eye witness.

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2/2 920 appa 242.19.odt At this stage, there appears to be quite a consistency in between evidence of all the witnesses which also appears to be prima-facie supported by medical evidence. However, these aspects which have appeared on record have not been properly appreciated by the learned trial Judge and, therefore, in our view this is a fit case for grant of leave to file an appeal.

Accordingly, leave is granted. Appeal be registered.

Heard.

Admit.

Mr. Babrekar, Advocate waives notice on merit for respondent.

Paper book be prepared expeditiously. Action under Section 390 Cr.P.C. be taken against respondent/accused.

                                         JUDGE                               JUDGE

Manisha




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