State of Maharashtra, through Police Station Officer, Police Station Saoli, District Chandrapur. vs Firoz Sheikh S/o Wajir Sheikh Aged abut 36 years, Occ. Driver, R/o Saoli, Tahsil : Saoli, District : Chandrapur.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
AVINASH G. GHAROTE, J
State of Maharashtra, through Police Station Officer, Police Station Saoli, District Chandrapur. – Appellant
Versus
Firoz Sheikh S/o Wajir Sheikh Aged abut 36 years, Occ. Driver, R/o Saoli, Tahsil : Saoli, District : Chandrapur. – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Amit R. Chutke
For the Respondents: Mrs. Sonali Saware/Gadhawe

Table of Content
1. incident leading to charges and witness examination. (Para 2 , 3 , 4)
2. witnesses' hostility impacts evidence integrity. (Para 10 , 11)
3. dying declaration's validity questioned; lack of medical corroboration. (Para 12 , 14 , 15)
4. court affirms acquittal based on insufficient evidence. (Para 17 , 18)

ORAL JUDGMENT :-

Heard Mr. Chutke, learned APP for the appellant/State and Mrs. Saware, learned appointed counsel for the respondent.

2. The appeal questions the judgment dated 17.10.2011, passed by the Ad-hoc Assistant Sessions Judge-2, Chandrapur, whereby the respondent/accused has been acquitted of the offence punishable under Section s 498-A and 306 of the Indian Penal Code .

3. The relationship between the deceased Mumtaz and that of the accused was of husband and wife. The incident is dated 04.10.2010, when it is alleged that at about 08.00 p.m. the accused came to the house under the influence of liquor, quarreled with his wife, and assaulted her mercilessly. The wife could not bear the ill-treatment, and therefore, poured kerosene on her person and set herself ablaze. The neighbors who were residing in the same locality i.e. PW-2/Maya Nimgade (page 26), her husb

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BOMBAY HIGH COURTAVINASH G. GHAROTE, JState of Maharashtra, through Police Station Officer, Police Station Saoli, District Chandrapur. – AppellantVersusFiroz Sheikh S/o Wajir Sheikh Aged abut 36 years, Occ. Driver, R/o Saoli, Tahsil : Saoli, District : Chandrapur. – Respondent

Cases Referred (1)

BOMBAY HIGH COURT
AVINASH G. GHAROTE, J
State of Maharashtra, through Police Station Officer, Police Station Saoli, District Chandrapur. – Appellant
Versus
Firoz Sheikh S/o Wajir Sheikh Aged abut 36 years, Occ. Driver, R/o Saoli, Tahsil : Saoli, District : Chandrapur. – Respondent