Case Note & Summary
The State of Maharashtra filed an application for leave to appeal against the judgment and order of acquittal passed by the Sessions Judge, Osmanabad in Sessions Case No. 16 of 2012. The respondent, Balaji Namdeo Shinde, was acquitted of charges relating to the death of a woman who was cohabiting with him at the relevant time. The death occurred due to a head injury inside the matrimonial house. The High Court, after hearing the learned APP and perusing the record including the PM report, found that there was an arguable case. The court noted that the death took place due to head injury, the deceased was cohabiting with the respondent, and the incident occurred inside the matrimonial house. In view of these circumstances and considering the reasons given by the trial court, the High Court held that there is an arguable case. The application was allowed, leave was granted, and the appeal was admitted. The court also directed compliance with the provisions of Section 390 of the Criminal Procedure Code.
Headnote
A) Criminal Procedure - Leave to Appeal Against Acquittal - Arguable Case - State sought leave to appeal against acquittal in a case where death occurred due to head injury inside matrimonial home - Court held that in view of circumstances and reasons given by trial court, there is an arguable case - Leave granted and appeal admitted (Paras 1-5).
Issue of Consideration
Whether the State should be granted leave to appeal against the acquittal of the accused in a case of death due to head injury inside the matrimonial home.
Final Decision
Application allowed. Leave granted. Appeal admitted. Compliance with Section 390 of CrPC directed.
Law Points
- Leave to appeal against acquittal
- Arguable case
- Section 390 CrPC
- Matrimonial death
- Head injury
