SHAIKH GULAB RASULBHAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Dissatisfied by judgment and order of acquittal passed by learned Additional Sessions Judge, Ahmednagar dtd. 7/5/2019 in Criminal Appeal No. 63/2015 arising out of judgment and order passed by learned 10th JMFC, Ahmednagar dtd. 16/2/2015 in S.T.C. No. 2533 of 2012, leave has been prayed for, to question the judgment and order passed by learned Additional Sessions Judge, Ahmednagar.

(2.) Learned counsel for the original complainant pointed out that he had instituted private complaint alleging commission of offence under Ss. 323, 504, 506 read with Sec. 34 of the Indian Penal Code [IPC]. He pointed out that learned JMFC, Ahmednagar, on appreciating evidence adduced by the complainant, accepted case of the complainant as proved and convicted respondents for the offences punishable under Ss. 323, 506 read with Sec. 34 of IPC and sentenced them to suffer imprisonment, however, acquitted both the accused for the offence punishable under Sec. 504 read with Sec. 34 of the IPC.

(3.) It is next submitted that said judgment of learned JMFC, Ahmednagar dtd. 16/2/2015 was questioned before the learned Additional Sessions Judge, Ahmednagar by filing Criminal Appeal No. 63 of 2015. It is pointed that learned Additional Sessions Judge, Ahmednagar allowed the appeal by setting aside the entire judgment and order passed by learned JMFC, Ahmednagar dtd. 16/2/2015.