- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1185 OF 2007 The State of Maharashtra Petitioner Vs. Smt. Vidya Dadu Nikalje Respondent Smt. U. V. Kejariwal, APP for petitioner. Sri Sanskar Marathe, advocate i/b M/s. H. & M. Legal Associates for the respondent. CORAM : SRI R.M.S. KHANDEPARKAR & SRI A.A. SAYED, JJ. DATE : DECEMBER 11, 2007. P.C. . Heard. Considering the injuries sustained by the injured person, as narrated in the injury certificate as well as in the testimony of Dr. A. V. Joshi (PW 1), other evidence on record based on which the lower appellate Court had arrived at finding about the case against the accused having established by the prosecution, and the lower appellate Court set aside the said conviction merely by observing that the judgment of the trial court shows that some - 2 - contradictions have been casually brushed aside and those contradictions being in respect of material facts cast doubt upon truthfulness of the witnesses, without analysing nature of contradiction and the its relevancy for arriving at the finding about the involvement of the accused person in causing injuries to the injured person, ignoring the fact that the prosecution was for the offence punishable under section 307 read with section 34 of I.P.C. The learned counsel for the respondent has drawn our attention to the decision of Division Bench of our High Court in the case of State State State of of of Maharashtra Vs. Haribhau Krishnaji Deshmukh & Ors. Maharashtra Vs. Haribhau Krishnaji Deshmukh & Ors. Maharashtra Vs. Haribhau Krishnaji Deshmukh & Ors. reported reported reported in 2003 ALL MR (Cri) 1441 in 2003 ALL MR (Cri) 1441 in 2003 ALL MR (Cri) 1441. The decision is not relevant at this stage of admission, as the said decision is on merits i.e. at the time of disposal of the appeal against the acuittal. Hence, as the case is made out for leave to appeal against the impugned judgment, leave is granted. 2. Appeal stands admitted. 3. Action under Section 390 Cr.P.C. to follow. However, in case of arrest of accused person, she shall be released on furnishing personal bond in the sum of Rs. 10,000/- with one or two sureties in - 3 - the like amount, to the satisfaction of the Sessions Judge, Pune. 4. Call R & P. Sd/- [ R.M.S. KHANDEPARKAR, J.] R.M.S. KHANDEPARKAR, J.] R.M.S. KHANDEPARKAR, J.] Sd/- [ A. A. SAYED,J.] A. A. SAYED,J.] A. A. SAYED,J.]