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G. A. SANAP
Chetan S/o Vasant Chowdhary – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
G.A. SANAP, J.
1. Applicant in Criminal Application No. 649 of 2019 is the accused No. 4 and applicant in Criminal Application No. 651 of 2019 is the accused No. 6 in Sessions Trial No. 512 of 2016. They applied for discharge in Sessions Trial No. 512 of 2016 arising out of Crime bearing No. 103/2016 for the offences punishable under sections 304-B, 306, 498-A read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”). In view of this, both these applications are being disposed of by the common judgment. The learned Additional Sessions Judge, Nagpur vide order dated 12th April, 2019 rejected the applications made by the applicants for their discharge.
2. The facts relevant for decision of the applications can be summarized as follows:
3. The crime came to be registered on the report lodged by brother of the deceased on 24th February, 2016. Deceased committed suicide on
The main legal point established in the judgment is the requirement for sufficient material to proceed against the accused and the duty of the Court to consider the record of the case and evaluate th....
Discharge from criminal case – If on the basis of materials on record, court could come to conclusion that commission of offence is a probable consequence, case for framing of charge exists.
The judgment emphasized the need for specific instances of involvement in the crime, the requirement to prove overt acts beyond reasonable doubt, and the limited scope of discharging the accused at t....
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
At the stage of framing of charge, the court is not required to appreciate evidence to conclude whether the materials produced are sufficient or not for convicting the accused.
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; a direct nexus between the accused's actions and the suicide must be established.
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