Bombay High Court
Uttareshwar S/O. Rajinath Raut vs The State Of Maharashtra And Others on 24 October, 2018
15.crl.ALP.86.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 86 OF 2018
UTTARESHWAR S/O. RAJINATH RAUT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Appellant : Mr. Dhumal Dashrath R.
APP for Respondent No. 1 : Mr. A. B. Chate
Advocate for Respondent Nos. 2 and 4 : Mr. P. P. More
Advocate for Respondent Nos. 3 , 5 and 6 : Mr. A. B. Tele
...
CORAM : K. L. WADANE, J.
DATE : 24th October, 2018 PER COURT :
1. Heard the learned counsel for the applicant and the learned counsel for the respondents.
2. This is an application for leave to file appeal against the impugned judgment and order passed by the learned Ad-hoc Additional Sessions Judge, Osmanabad by which the accused persons - respondents have been acquitted for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code. With the help of the learned 1/3 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 02:47:36 :::
15.crl.ALP.86.18.odt counsel for both the side, I have gone through the evidence on record.
3. PW-1 - Uttreshwar Rajinath Raut, who is son of the deceased, deposed about the dispute between the deceased and the accused persons over path way which is adjacent to the land of deceased and in-spite of restraining them from doing so the accused persons were taking the cattle through this path way. Due to which deceased feel sad and this act was done by the accused persons repeatedly. On 07.05.2012 the deceased Rajinath went to met Jagdish Joshi for taking money and advice in the matter but he did not return and commit suicide. Second witness Hanmant Kanade is a Panch witness (panch of the spot), PW - 3 Kailas Gawali is a panch witness of the Panchnama, PW - 4 Ganpat is witness who informed about the death of Rajinath to PW-1 and PW-5 Sidram Lagdive is the Investigating Officer.
4. On perusal of entire evidence on record, the only circumstance which is brought on record by the prosecution is that there was dispute between the deceased and the accused persons over the path way. This alone circumstance cannot be considered to be an ill- treatment given by the accused persons to the deceased. That 2/3 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 02:47:36 :::
15.crl.ALP.86.18.odt circumstance can be considered severe ill-treatment or the circumstances which led the deceased to commit suicide.
5. In view of the above, no grounds are made to grant leave to file appeal. Hence application is dismissed.
(K. L. WADANE, J.) habeeb 3/3 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 02:47:36 :::