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1970 Supreme(SC) 160

A.N.RAY, I.D.DUA
Kishan – Appellant
Versus
State Of Maharashtra – Respondent


I.D. DUA, J.

(1) THIS appeal by special leave is directed against the order of the Bombay High court (Nagpur bench), dismissing the revision of the present appellants against the order of the Sessions Judge, Yeotmal, allowing in part their appeal by acquitting Laxman of the charge under Section 147, 1. P. C., but otherwise maintaining the conviction of all the appellants but reducing their sentences.

(2) ACCORDING to the broad features of prosecution story the prosecution witnesses and the accused persons belong to two opposite factions in village Gaul. Taluk Pusad, District Yeotmal. Indeed, there had been criminal proceedings between them even on earlier occasions. The relations between the two parties were, therefore, admittedly strained for some time prior to the present occurrence which took place on 12/07/1965. On that day three prosecution witnesses, Narayan, Baburao and Rangrao and one Ganpat, are alleged to have accidentally met at the dispensary of one Bajirao at Shembal Pimpri. That was a Bazar day and about 3 p. m. they left Shembal Pimpri for going to their village Gaul. While they were about one mile away from their village they met the present appellants

















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