TMI Blog2017 (6) TMI 1372X X X X Extracts X X X X X X X X Extracts X X X X ..... rade took place after 17.9.2007. In view of the admissions given by PW 1 Chandraprbaha, the identification of respondent Nos. 3 to 5 by PW 1 Chandraprabha before the Court cannot be relied upon. There is no other cogent and clinching evidence on record to connect any of the respondents to the crime. Looking to the evidence on record, the conclusion arrived at by the learned Sessions Judge is a rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red - appeal dismissed. - Criminal Appeal No. 1265 of 2013 - - - Dated:- 13-6-2017 - V.K. Tahilramani and Sandeep K. Shinde, JJ. For the Appellant: Pawan R. Mali, Adv. For the Respondent: H.J. Dedhia, A.P.P. JUDGMENT V.K. Tahilramani, J. 1. This appeal has been preferred by the appellant-original complainant against the Judgment Order dated 3.9.2012 passed by the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her back. The key was forcibly taken away from her and Rs. 2000/- were taken away from the cupboard. Thereafter the persons ran away. Vasant, the husband of PW 1 Chandraprabha was taken to hospital where he expired. It is the prosecution case that respondent Nos. 1 to 5 were the persons who had assaulted the husband of PW 1 Chandraprabha and committed dacoity. 2. PW 1 Chandraprabha is the only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is an admitted fact that the identification parade took place after 17.9.2007. In view of the admissions given by PW 1 Chandraprbaha, the identification of respondent Nos. 3 to 5 by PW 1 Chandraprabha before the Court cannot be relied upon. There is no other cogent and clinching evidence on record to connect any of the respondents to the crime. Looking to the evidence on record, we find t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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