YELLAPPA S/O. TIMMA BANDGAR v. THE STATE OF MAHARASHTRA AND OTHERS
REVN/151/2017 · 2026-09-04
body2017
DailyLaw.ai
[ 2017 DAILYLAW 3260 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 3260 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(1) 907crirevn151.17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 CRIMINAL REVISION APPLICATION NO. 151 OF 2017 Yellappa S/o. Timma Bandgar ….Applicant VERSUS The State Of Maharashtra And Others …..Respondent Mr. V. C. Solshe, Advocate for the Applicant Mr. A.A.A. Khan, APP for the respondents/State
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 04th SEPTEMBER, 2026 PER COURT :
1. The Applicant is challenging the impugned judgment and
order dated 31-03-2017 passed by the learned Additional Sessions Judge, Latur in Criminal Appeal No. 84/2015 thereby learned Additional Sessions Judge was pleased to dismiss the appeal preferred by the Applicant challenging the judgment and order dated 19-08- 2014 passed by the learned JMFC, Ausa in RCC No. 222/2009. The learned JMFC vide said judgment and order dated 19-08-2014 was pleased to acquit Respondent Nos. 2 to 10. Therefore, the Applicant has approached this Court challenging the aforesaid judgments. According to the Applicant, both the courts below have erred in law, thereby not appreciating the evidence in proper perspective. He also 1 of 3 2026:BHC-AUG:41326
(2) 907crirevn151.17 submits that if the testimony of the witness have been scrutinized properly, it would reveal that the prosecution has established its case beyond all the reasonable doubts and therefore, he submits that the learned trial court as well as Appellate Court have committed grave error in law thereby acquitting the Respondents. 2. With the assistance of the learned Advocate for the Applicant and the learned Advocate for the Respondent and learned APP, I have gone through the judgments and orders passed by both the courts below. 3. The incident is of 2008. The Applicant had filed private complaint No. 293/2008 before the learned JMFC, Ausa. On the basis of said compliant the learned JMFC, passed the order under Section 156(3) of the Cr. P. C. Accordingly, the Police investigated the crime and filed charge-sheet before the learned JMFC. After recording the evidence and hearing the learned advocates for the parties, the learned JMFC vide judgment and order dated 19-08-2014 was pleased to acquit all the accused persons. Thereafter, the present Applicant feeling aggrieved by the said acquittal preferred the criminal Appeal No. 84/2015 before the learned Additional Sessions Judge, which also came to be dismissed vide judgment and order dated 31-03-2017. 2 of 3
(3) 907crirevn151.17
4. This court is having very limited powers under Section 397 which cannot seat as it the Appellate Court in order to appreciate the evidence. Both the judgments passed by the learned courts below does not point out any illegality or irregularity so as to impel this Court to exercise jurisdiction under Section 397 of the Cr. P. C. . 5. In that view of the matter, since I am not inclined to entertain the Revision Application, the Revision Application is dismissed.
[SUSHIL M. GHODESWAR, J. ] VishalK/907crirevn151.17 3 of 3