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1996 Supreme(Bom) 11

VISHNU SAHAI, S.S.PARKAR
State of Maharashtra – Appellant
Versus
Joseph Mingel Koli and others – Respondent


JUDGMENT - VISHNU SAHAI, J. :---A perverse Judgment of acquittal dated 6-8-1990 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 259 of 1979, acquitting the respondents for offences punishable under sections 143 I.P.C., 144 I.P.C., 147 I.P.C., 148 I.P.C., 324 read with 149 I.P.C. (on two separate counts namely causing hurt to Anantya Shetty and Krishna Gauda), 323 read with 149 I.P.C., 337 read with 149 I.P.C., 436 read with 149 I.P.C., 450 I.P.C. and 395 I.P.C., has prompted the State of Maharashtra to file an appeal against acquittal under section 378(1) of Cr.P.C.

2.At this juncture, we may mention that the appeal against respondent Nos. 2 and 3 namely Pundalik Patil Kesarinath and Maruti Krishna Patil was dismissed by order dated 19-12-1983 passed by a Division Bench of this Court as no action had been taken to serve them. We may also mention that appeal against the respondent Nos. 1, 4 and 8 namely Joseph Mingel Koli, Ramakant Shankar Patil and Tanaji Devji Bhivande has been ordered to be abated since they are reported to be dead. Abatment orders in respect of respondent Ramakant Shankar Patil and Tanaji Devji Bhivande were passed by a Divisi













































































































































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