Paragraph numbers below are the court’s original numbering, recovered from the source text.
5. Further, we have noticed from the impugned order that while rejecting the application, the High Court has stated that medical evidence did not indicate any injury on the back or on the thigh of the complainant. However, from the material placed on record, it appears that the said, finding in the order run contrary to the medical evidence on record. Dr. Yashwant who was examined as P.W. 5, in his deposition, categorically stated that the complainant Shivram had sustained a fracture of left tibia and there were also lacerated wounds. The medical evidence documents were exhibited as Exhibits 121 and 131. The reason for rejecting the application for leave to appeal run contrary to evidence on record. In any event, having perused the material on record, we are of the view that, prima facie, a case is made out by the State for grant of leave to prefer appeal against the judgment and order dated 06.05.2005, passed by the 5th Additional Sessions Judge, Kolhapur in Sessions Case No. 140 of 2000.
6. We are also informed that there was a cross complaint by other faction in the village relating to same date incident on which basis a case was registered and the accused therein were tried in Sessions Case No.83/1999. The accused therein were convicted for offences under Section 143, 147, 307, 324, 427, 504, 395, 325, 337, 452 read with 149, 325 IPC. It is stated that appeal preferred against that judgment is pending before the High Court. As it is stated that the two groups in the village filed cross complaints and appeal arising out of one is pending before the High Court, we are of the view that it is a fit case for grant of leave as prayed for by the appellant-State.
7. For the aforesaid reason this appeal is allowed and impugned order dated 13.06.2008 is set aside. Consequently, application filed before the High Court stands allowed. The criminal appeal preferred by the State challenging the acquittal in Sessions Case No. 140 of 2000 shall be taken on file.
8. In appreciation of the contention raised by the respective parties, we request the High Court to take up the appeal in terms of this order, as well as Criminal Appeal No. 849 of 2005 simultaneously and decide the same expeditiously. CRIMINAL APPEAL NO. 197 OF 2019 (Arising out of SLP(Crl.) No. 3359 OF 2010)
9. Leave granted.
10. The complainant has filed criminal Revision application No. 119 of 2006 before the High Court aggrieved by the order of acquittal passed in Sessions Case No.140 of 2000. The same is rejected on the basis of the impugned order passed in Criminal Application No. 4504 of 2006.
11. We are of the view that as the impugned order in Criminal Application No. 4504 of 2006 has already been set aside by this Court in the appeal filed by the State, there is no reason to reject the revision filed by the complainant.
12. Accordingly, the impugned order dated 21.01.2010 in Criminal revision application No. 119 of 2006 is set aside and the matter is remitted to the High Court for fresh consideration, to decide the criminal revision on its own merit. CRIMINAL APPEAL NO. 798 OF 2010 CRIMINAL APPEAL NO. 800 of 2010 STATE OF MAHARASHTRA v. SHANKAR GANAPATI RAHATOL [R. SUBHASH REDDY, J.]
13. In view of order passed in the aforesaid appeals, it is stated that no further orders are required to be passed in these appeals. Accordingly, these appeals also disposed off. Ankit Gyan Appeals disposed of.