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2017 Supreme(Bom) 987

S.S.SHINDE, S.M.GAVHANE
State of Maharashtra – Appellant
Versus
Ankush Rangnath Kolekar – Respondent


Advocates Appeared:
For the Appellant : Mr. S.J. Salgare, A.P.P.
For the Respondent:Mr. R.N. Dhorde, Senior Counsel i/b Mr. V.R. Dhorde, Advocate

JUDGMENT :

S.M. GAVHANE, J.

. The appellant/State has filed this appeal under Section 378(1) of the Criminal Procedure Code against the judgment and order dated 18.05.1999 in Sessions Case No. 191 of 1995 passed by learned 2nd Additional Session Judge, Ahmednagar thereby acquitting all the four respondents (accused Nos. 1 to 4) of the offences punishable under Sections 302, 324 and 504 individually or r/w Section 34 of the Indian Penal Code (for short the IPC). Respondent No.3/accused No.3-Mahadeo Kolekar is reported dead on 09.03.2015 during pendency of the appeal as stated in the affidavit (Flag-A) dated 18.06.2015 of respondent No.1/accused No.1-Ankush Kolekar and as seen from the copy of the death certificate of accused No.3Mahadeo Kolekar produced alongwith above affidavit which is not disputed by the appellant/State and therefore the appeal is abated against accused No.3-Mahadeo Kolekar.

2. The prosecution case, in short, is as under:

A. The informant/complainantAjinath Baban Kolekar (P.W.1) was residing alongwith his father Baban Kolekar (deceased), mother Shantabai and brother Navnath (PW-6) jointly in the field in the limits of village Waki, Tq. Jamkhed, Dist. Ahmednagar. At t





































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