JUDGMENT - A.V. SAVANT, J.:---Heard both the learned Counsel; Shri Galeria, Asstt. Public Prosecutor appearing for the appellant State and Shri Desai for the respondents original accused Nos. 1 to 4.

2.This is a Revision Application filed by the State of Maharashtra challenging the order dated 8th of August 1991 passed by the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay, discharging all the four respondents-accused in circumstances which, appear to us, to be rather unusual.

3.The 4th accused Cyril D'Souza is the husband of the deceased Anni Cyril D'Souza. The first accused Philip is the brother of the 4th accused Cyril, the 2nd accused Philomina is the sister of the 4th accused Cyril and the 3rd accused John is the husband of accused No. 2 Philomina. In respect of the incident which occurred on 10th June 1990, the First Information Report was lodged with the Malvani Police Station, Malad Sub-Division, Bombay under C.R. 163/90 on the basis of the dying declaration of the deceased Anni. It appears that there was a dispute between the deceased and her husband Cyril on the one hand and the other members of the family of Cyril viz. respondent Nos. 1 to 3

Click Here to Read the rest of this document