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2008 Supreme(SC) 1509

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Union of India – Appellant
Versus
Bali Ramu Pawar – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the appeal filed by the appellant questioning the correctness of the judgment rendered by learned Sessions Judge, Dadra And Nagar Haveli and Silvassa in Sessions Case No.24/1999. The appeal was filed on the ground that acquittal as recorded was uncalled for.

2. Prosecution version as unfolded during trial is as follows:

2.1. One Mohan Delkar had contested the election for the post of M.P. on behalf of B.J.P. On 6/3/1998, while one Uttam Patel contested the said election on behalf of Shiv Sena in Dadra and Nagar Haveli Constituency. During the said election Uttam Patel was defeated and Mohan Delkar won the election. After declaration of the said election results, there were incidents of violence and shop premises of Shiv Sena workers were destroyed by the workers of Mohan Delkar. The car of Dr. Gulab Patel (P.W.5) who was the main supporter of Uttam Patel was also destroyed by the supporters of Mohan Delkar. Some of the present accused were also involved in the said incident of burning the car. It is further case of the prosecution that during the elec















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