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2004 Supreme(SC) 1332

K.G.BALAKRISHNAN, A.R.LAKSHMANAN
D. Gopalakrishnan – Appellant
Versus
Sadanand Naik – Respondent


JUDGMENT

K.G. Balakrishnan, J.-These appeals are filed against the acquittal of 7 persons by the High Court of Bombay reversing the conviction passed by the Sessions Court, Panaji. Altogether, 14 accused were tried by the Sessions Judge and out of them six were found guilty of the offences punishable under Sections 143, 147, 148, 452, 325 and 304 Part II read with Section 49 IPC. A-7 Arthur Viegas was found guilty for offences under Sections 143, 147, 148, 452 & 325 read with Section 149 IPC.

2. In February 1987, the employees of Madras Rubber Factory (hereinafter being referred to as "MRF") at Ponda in Goa went on strike and the accused persons were members of that striking group of employees. The management of the MRF recruited some new persons as employees and in order to give them training, some senior supervisors working in the factory of MRF at Chennai were brought to Goa and these persons were given accommodation by the company at its guest house `Vailankani situated at Miramar. They were staying in flats which formed part of the guest house. According to prosecution, on 13.3.1987, at about 9.15 p.m., the accused persons came there with lathies, rods and chains and atta










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