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2019 Supreme(Bom) 283

M.G.GIRATKAR
RAMESH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
C.G. Barapatre, Adv., I.J. Damle, Adv.

JUDGMENT :

M. G. GIRATKAR, J.

1. The present revision is against the judgment of conviction for the offence punishable under Section 304-II of the Indian Penal Code. Appeal was filed before the Sessions Judge, Nagpur. Learned Sessions Judge dismissed the appeal by judgment dated 15th December, 2011.

2. Heard Shri C.G. Barapatre, learned Counsel appearing on behalf of the applicants (hereinafter referred as accused) and Shri I.J. Damle, learned Additional Public Prosecutor appearing on behalf of the respondent/State.

3. XXX XXX XXX

4. Shri Barapatre, learned Counsel for the accused persons has pointed out the evidence and submitted that the accused persons are not connected with the crime in question. Main accused was Zibal Patil and he died during the pendency of trial. Both the accused are not involved in the crime. They are wrongly convicted by the trial Court. He has further submitted that there is no material evidence to connect the accused. Hence, they are entitled for acquittal.

5. As per the case of prosecution, accused Zibal Patil and his son Subhash Patil are having agricultural land at Varhala Shivar. Deceased Sudhakar Girhe had also field adjoining to their field. There was st

















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