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2018 Supreme(Bom) 364

S.S.SHINDE, S.M.GAVHANE
State of Maharashtra – Appellant
Versus
Narayan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vaishali S. Chaudhari, APP.
For the Respondents:Charuta S.Deshmukh, Advocate.

JUDGMENT :

S.S. Shinde, J.

1. This Appeal is filed by the appellant-State, challenging the judgment and order passed by the Additional Sessions Judge, Ambajogai, on 21.06.2002 in Sessions Case No.4 of 1996, thereby acquitting the respondents-accused for the offences punishable under Sections 147, 148, 326 r.w. Section 149, 326 r.w. Section 34, 302 r.w. Section 149 and 302 r.w. Section 34 of the Indian Penal Code and Section 37 r.w. Section 135 of the Bombay Police Act.

2. The prosecution case in nutshell is as under: The informant, namely, Shrikant Haridas Mote, is resident of Chincholi Mali. In the year 1994, the informant was residing along with his parents, brother and sister in their field, known as ‘Motyache-Shet’, situated at Chincholi Mali. The land of Narayan Mote i.e. accused no.1 is adjacent to the land of the informant. By the side of the common bandh but within the limits of the land of the informant, there were Babul trees. Accused no.1 and his sons i.e. accused nos.2 and 3 tried to cut those trees. However, they were not allowed to cut those trees by the informant and his father Haridas. There were quarrels between the informant, and his father on one side, and accused n














































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