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Judgments of Supreme Court of India and High Courts

The State Of Maharashtra vs Shaikh Abdul Matin S/O Sk Abdul … on 5 September, 2018

1 CrApln 4413-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 4413 OF 2016

The State of Maharashtra,
Through Nanalpeth Police Station,
Tq. Dist. Parbhani. …Applicant

Versus

1] Shaikh Abdul Matin Sk. Abdul
Khayyum, Age : 36 years,
Occu. Teacher, R/o Darga Road,
Tq. Dist. Parbhani.
2] Shaikh Abdul Mobin Sk. Abdul
Khayyum, Age : 39 years,
Occu. Teacher, R/o Darga Road,
Tq. Dist. Parbhani,
3] Shaikh Abdul Mobin Sk. Abdul
Khayyum, Age : 35 years,
Occu. Light fitting, R/o Manwath
Tq. Manwath, Dist. Parbhani,
4] Shaikh Abdul Mukhim Sk. Abdul
Khayyum, Age : 32 years,
Occu. Light fitting,
R/o Darga Road,
Tq. Dist. Parbhani.
5] Jarina Afrin Mohammad Sadek,
Age : 43 years, Occu. Teacher,
R/o Manwath, At present Prabhani,
Tq. Manwath Dist. Parbhani. …Respondents

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2 CrApln 4413-2016

…….
Mr. M. M. Nerlikar, A. P. P. for Applicant / State.
Mr. S. K. Chavan, Advocate for Respondent No. 1 to 5.
…….

CORAM : T. V. NALAWADE
SMT. VIBHA KANKANWADI, JJ.
DATE : 28-08-2018.

ORAL ORDER :

01. The application is filed for grant of leave to

file appeal under Section 378(1)(b) of Cr. P. C. against

the Judgment and Order passed by the learned Sessions

Judge, Parbhani in S. C. No. 152/2013 dated 2.5.2016 for

the offences punishable under Sections 302, 506 and 109

read with 34 of I. P. C. acquitting the accused persons.

Heard the learned A. P. P. Record of evidence was

available. This Court has gone through the reasoning

given in decision.

02. The incident in question took place on 18.6.2013

and allegations are made that all the accused Nos. 1 to 4

assaulted the deceased by using weapons like iron rod and

sticks. Accused Nos. 1 to 4 were instigated by their

sister, who was the first wife of the deceased to take

said step. The first informant is the second wife of the

deceased. It is contended that in the case filed by first

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3 CrApln 4413-2016

wife for the offence punishable under Section 498A of I.

P. C., the husband and his relatives were acquitted, due

to that there was motive to take such step.

03. The evidence shows that immediately after the

incident, the first informant took her husband to the

Police Station and Police referred the deceased to Civil

Hospital, Parbhani. Attempt was made to shift the

deceased to Hospital of Nanded, but, he died on the way.

The dead body was brought back to the Parbhani. Post

mortem was conducted in Parbhani. This Court has seen the

evidence of spot panchnama.

04. There is a direct evidence against accused Nos.

1 to 4 of eye witnesses. There is circumstantial evidence

as against accused Nos. 1 to 4. Accused No. 2 gave blow

of iron rod on the head of deceased. Accused No. 1 gave

blow of iron rod on the right hand of deceased. Accused

No. 4 gave a blows of stick on hand, leg, knee, back of

the deceased. When the informant shouted, accused persons

ran away. People had gathered on the spot of incident.

The trial Court has not considered the aforesaid

circumstances in proper perspective and Trial Court has

disbelieved the first informant. The suggestions of motor

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4 CrApln 4413-2016

vehicle accident were given to the Doctor but, they are

denied by the Doctor. In view of the evidence available

against accused Nos. 1 to 4, this Court holds that there

is a good arguable case as against accused Nos. 1 to 4.

However, the inference of abetment can not be drawn as

against accused No. 5.

05. In the result, following order is passed;

ORDER

(i)Application as against accused Nos. 1 to 4 is

allowed.

(ii)Leave is granted to file appeal as against them.

(iii)Application as against respondent No. 5 stands

rejected.

(iv)This Court has already granted leave to the State

to file appeal and reasons are given for the same.

For the same reasons, the appeal as against

respondent Nos. 1 to 4 is admitted. Comply the

provisions of Section 390 of Cr. P. C.

[SMT. VIBHA KANKANWADI] [T. V. NALAWADE]
JUDGE JUDGE
Dahibhate/-.

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