MANOJ RAMESHLAL CHHABRIYA Vs. MAHESH PRAKASH AHUJA

JUDGEMENT

(1.) This appeal is at the instance of the original first informant brother of the deceased, seeking to challenge the order passed by the High Court of Judicature at Bombay in Criminal Application No.207 of 2013, dated 22nd of August 2013, by which the High Court in an appeal filed by the State against the judgment and order of acquittal, declined to grant leave under sub-sec. (3) of Sec. 378 of the Criminal Procedure Code (hereinafter referred to as, "Cr.P.C.").

(2.) We are conscious of the fact that the acquittal appeal was at the instance of the State. As leave came to be declined, the State could have come before us by way of an appeal. However, the State has though fit not to question the order passed by the High Court, declining to grant leave and in such circumstances, it is the brother of the deceased (original first informant) who has thought fit to question the order passed by the High Court.

(3.) It appears from the materials on record that the respondent no.1 herein, was put to trial in the Court of the Additional Sessions Judge, Kalyan in Sessions Case No.132 of 2011 on the charge of having committed murder of his wife i.e. the deceased. It is the case of the prosecution that on the date of the incident i.e., 2/4/2011 India was playing World Cup final against Sri Lanka in Mumbai. After India won the match and the World Cup, the respondent accused started celebrating by firing shots in the air from his licensed pistol. Later, he is alleged to have fired a shot at his wife. The wife succumbed to the firearm injuries. Their fifteen years old son was an eyewitness to the incident.