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
::: Uploaded on – 05/09/2018 07/09/2018 01:57:14 :::
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
::: Uploaded on – 05/09/2018 07/09/2018 01:57:14 :::
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
::: Uploaded on – 05/09/2018 07/09/2018 01:57:14 :::
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/-.
::: Uploaded on – 05/09/2018 07/09/2018 01:57:14 :::
