STATE OF MAHARASHTRA Vs. RAJU

JUDGEMENT

(1.) Being aggrieved by the judgment and order of acquittal passed by learned Additional Sessions Judge-2r Nanded in Criminal Appeal No.37 of 2011r dtd. 19/12/2018 arising out of judgment and order passed by learned Judicial Magistrate First Classr Nanded in Regular Criminal Case No. 919 of 2006r dated 11/4/2011r State has preferred instant application praying to grant leave to fle appeal under Sec. 378(1) of the Code of Criminal Procedure.

(2.) Bhagyanagar Police Stationr Nanded charge-sheeted present respondents for commission of offence under Sec. 326r 324 and 504 read with Sec. 34 of Indian Penal Coder in the backdrop of FIRr wherein it was alleged thatr on 1/7/2006 respondents assaulted informant by means of stick and rodr causing him grievous injury. At trial before learned Judicial Magistrate First Classr Nanded prosecution adduced evidence of in all 08 witnesses. On appreciating the oral and documentary evidencer learned Judicial Magistrate First Class accepted the case of prosecution as proved and thereby vide judgment and order dtd. 11/4/2011 held respondents Raju and Vijay guilty of committing offences under Sec. 326r 324 and 504 read with 34 of IPC and sentenced them to suffer simple imprisonment for two years and to pay fne.

(3.) Such judgment and order of conviction was taken exception to by present respondents by fling Criminal Appeal No. 37 of 2011 before the learned Additional Sessions Judge-2r Nandedr who on hearing both sides and on appreciating the evidencer reached to a fnding that on scrutiny of entire evidence of prosecutionr it was apparent that prosecution had not proved its case beyond reasonable doubt. Thatr evidence of witnesses which was interested oner was without independent corroboration; that medical evidence did not support ocular account and for the reasons stated in the judgmentr more particularly in para 27 and 28r allowed the appeal by setting aside the judgment and order passed by learned Judicial Magistrate First Class. Feeling aggrieved by the abover now State intends to question the said judgment and order passed by learned Additional Sessions Judger Nandedr hence the instant application praying for leave to do so.