AYUB A AZIJ BAGWAN Vs. MAHAVEER KUSHABA KADAM

JUDGEMENT

(1.) BY the present application under Section 482 of Cr.P.C., the applicant-accused has questioned the correctness of order passed below Exh.48 in S.C.C. No.297 of 2006 on 29.9.2010.

(2.) RULE. Rule made returnable forthwith. By consent of the parties, heard finally at the stage of admission.

(3.) LEARNED counsel for the applicant, in order to lend credence to his submissions, has placed reliance on the reported judgment of the Apex Court in the case of G. Someshwar Rao Vs. Samineni Nageshwar Rao and another ((2009) 14 SCC 677). In the said ruling Apex Court has observed about referring of documents for the opinion of the expert. It is observed by the Apex Court that the appellant in the said appeal has prayed to send the documents to handwriting expert as he has disputed his signature as well as hand writing on the exhibit in question, as according to the appellant in that appeal that exhibit was not signed by him neither particulars of the exhibit were in his handwriting. Ultimately, Apex Court has observed that even though application of the accused is rejected by the trial court but in view of the peculiar facts and circumstances opportunity to examine the exhibit at the costs of the appellant ought to be granted for just decision of the case.