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2020 Supreme(Bom) 1405

Z.A.HAQ, AMIT B.BORKAR
State Of Maharashtra – Appellant
Versus
Rajesh S/O Dattuji Kumbhekar – Respondent


Advocates:
Advocate Appeared:
For the appellant : S. S. Doifode, A.P.P.
For the respondent: Ms. Sonali Saware (Gadhawe), Sumit Joshi

JUDGMENT :

AMIT B. BORKAR, J.

Through this appeal, the appellant State of Maharashtra, challenges the judgment and order passed by Adhoc Additional Sessions Judge, Yavatmal, in Sessions Case No.113 of 2006 dated 14-5-2008, thereby acquitting all the respondents of the offences punishable under Sections 147, 148, 302 and 307 read with Section 149 of the Indian Penal Code and Section 37(1) punishable under Section 135 of the Bombay Police Act.

2. In short, the prosecution case runs as under:-

F.I.R., dated 24-8-2006 filed by Informant - Mangala (PW 1), who is the wife of Mahadev (deceased), contends that her husband (deceased) was serving in M.S.R.T.C. Alongwith the informant, parents of the informant and her two brothers namely Dnyaneshwar and Bhayya were also residing. Brotherinlaw of the informant is running panstall, which is managed by one Sunil. On 24-8-2006 at around 8.00 a.m. when the informant was in her house, the accused Nos.1 to 6 went to the said panstall, which is situated in front of her house. Sunil was present at the panstall. The accused Nos.1 to 6 purchased pouches of gutkha and when Sunil demanded the price of gutkha, accused Nos.1 to 6 raised quarrel with Sunil. Ther

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