STATE OF MAHARASHTRA Vs. BAJIRAO AMRUTE CHOUGULE

JUDGEMENT

(1.) SESSIONS Cases No.174 of 1995 against the respondent herein is pending before the 3rd Additional Sessions Judge, Kolhapur. Evidence in part has already been recorded and the matter is now fixed on 1st July 1996 for recording the evidence of the investigating officer and thereafter the statement of the respondent-accused. The respondent is facing the charge under Section 302 and 498A IPC for committing murder of his wife Anita and causing ill-treatment to her. It appears that certain letters were written by the respondent to the father of the deceased and her brothers. Those letters have been sent to the hand writing expert with the specimen hand writing of the respondent. The Additional Director General of Police, CID (Crime) Pune has written to the police that fresh specimen hand writing of the respondent-accused be sent to him. For that purposes an application was made before the IIIrd Additional Sessions Judge, Kolhapur for obtaining the specimen hand writing of the respondent. Below that application the learned Judge has passed the following order:

(2.) IT is this order which is impugned in the present application. It is contended that under Section 73 of the Indian Evidence Act as well as Section 47 thereof, the fact vis. the hand writing on the letters under reference was quite relevant and the learned Judge ought to have granted permission to the prosecution by directing the respondent to provide his specimen hand writing to forward the same for the purpose of comparison.