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Bombay High Court: Acquittal Ordered by Trial Court Justified

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Case: The State Of Maharashtra vs Istiyak Ahmed Husain Shaikh

Brief facts

PW-5 Bhimrao B. Rathod and Watchman Bhimrio B Rathod charged for allegedly killing Harish V. Takle. The alleged incident happened in Karara Building, Hiranandani Estate, Thane, Tal & Dist. Thane. Accused were charged and tried for the said offence by the Thane Police for the death of Takle’s son Dinesh Sherla. The case was heard at the Kapurbawadi Police Station and a charge sheet was filed, against both the accused. The accused have pleaded not guilty to the charges. The trial court by the impugned judgement and order acquitted both the accused of the said offences.

Petitioner’s Arguments

The learned Advocate for the petitioners submitted before the Hon’ble Court that the proof of PW-5 and PW-7 can show that on 24.2.2003 at regarding 5.15 p.m., the current suspect came to the fat of the deceased on the pretext of A.C. repairing and so on next day morning the deceased was found dead. It’s submitted that PW-5 has identified each suspect in a check identification parade. It’s submitted that PW-7 has conjointly identified suspect No.1 in a check identification parade. It’s submitted that the tribunal, has but, discarded the proof of PW-5 and PW-7 for no valid reasons. It’s submitted that the purloined articles, i.e. articulation radiocarpal watch of the deceased and money came to be Dinesh Sherla 3/12 J-cri.appeal-1248-06.odt recovered at the instance of suspect No.1. It’s submitted that the knife utilized by the suspect for murdering the deceased therefore conjointly bloody garments came to be recovered at the instance of suspect No.2. It’s submitted that the tribunal was thus, not justified in acquitting the suspect.

Respondent’s Arguments

The learned advocate for Respondent before the Hon’ble Court that PW-5 has admitted in his proof that each suspect were shown to him before the check identification parade. It’s submitted that PW-7 has admitted that he failed to disclose something to the police on 25.2.2003 and, therefore, he seems to be got up the witness. As regards the recovery of gliding joint watch, it’s submitted that identical isn’t reliable. It’s submitted that per the prosecution the suspect scarf the gliding joint watch of the deceased and also the same came to be recovered at the instance of suspect No.1. It’s submitted that the spot panchanama at Exhibit-22 can show that 2 gliding joint watches were lying on the bed and even one Mangalsutra was there. It’s submitted that this truth falsifies the case of the prosecution concerning alleged recovery. It’s submitted that each of the panch witnesses, on the alleged recovery of the knife, have turned hostile. It’s submitted that the read taken by the judicature is plausible to read and in absence of any perversity, this court might not interfere with the judgment and order of final judgment. The learned counsel for the respondents has therefore submitted that the attractiveness could also be pink-slipped.

Court’s Observations

Regard was paid to the submissions advanced by the learned advocates for both the petitioners as well as the respondent. The pieces of evidence provided by the witnesses PW-7 Ganesh Dalvi, PW-5 Bhimrao Rathod, PW-16 Srimat Ghule and PW-1 Shekhar Takle have been taken into consideration. 

Court’s Decision

In the light of the submissions put forth by the learned counsel for the applicant, the Court held that no fault can be found with the impugned judgment and order of acquittal. As the result, the following order is passed.

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