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2019 Supreme(Bom) 1497

RANJIT MORE, BHARATI DANGRE
Surjitsingh Bhagatsingh Gambhir – Appellant
Versus
State of Maharashtra (Through Midc Police Station, Ahmednagar) – Respondent


Advocates Appeared:
Abad Ponda, Adv., Pranav Avhad, Adv., Aakash Nilay, Adv., Gaurav Dua, Adv., Niddhi Chedda, Adv., Aarti Deodhar, Adv., Nilesh Tribhuvan, Adv., Deepak Thakare, Adv., A.D. Kamkhedkar, Adv.

JUDGMENT :

Bharati Dangre, J.

On 12/02/2017, two candidates who were contesting election of Zilla Parishad and Panchayat Samiti being the nominated candidates of a political party arranged a dinner party for their supporters and voters and what transpired in the said party has resulted into registration of FIR No.36 of 2017 at the instance of Baban R. Avhad. It is alleged that in the said party, liquor was served along with dinner and two brothers of the complainant who attended the party started feeling uneasiness in the night of 12/02/2017 and since their condition deteriorated, they were hospitalized in a private hospital at Ahmednagar. They came to be shifted to the City Civil Hospital and while undergoing the treatment, they breathed their last. As an outcome of the consumption of liquor, 9 people died and 13 people took seriously ill and were required to be offered treatments. The complainant, whose brothers met with the untimely death lodged a complaint with MIDC Police Station and an offence punishable under Section 304,328 read with Section 34 of the IPC came to be registered. Relevant sections vide Sections 65A, 65B, 65C, 65D, 65E, 68A and 68B and Section 18(1) and (2) of t

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