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2022 Supreme(Bom) 269

S.S.SHINDE, MILIND N.JADHAV
State of Maharashtra – Appellant
Versus
Gulab Dattu Patil – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.S. Hulke.
For the Respondents: Ms. Rui Danawala, Mr. Umesh Mankapure.

JUDGMENT :

MILIND N. JADHAV, J.

1. The learned ad-hoc Additional Sessions Judge, Sangli, by judgment and order dated 03.05.2003, has acquitted Respondent Nos. 1 to 3 of offences punishable under Sections 120B, 302, 364 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”). The State of Maharashtra is in appeal against the said judgment and order acquitting the Respondents in Sessions Case No. 77 of 2002. The Trial Court has arrived at a conclusion that the Prosecution did not establish the chain of circumstances so as to implicate the Respondents in the crimes.

2. Respondent No. 1 (originally Accused No. 1) along with Respondent Nos. 2 and 3 (originally Accused Nos. 2 and 3 respectively) were arrested for killing Shri Hari Pandurang Jadhav (hereinafter referred to as “the deceased”). The deceased was wellknown colloquially as a “panadia” who is a person adept at locating underground water sources. He was also the father of Smt. Asha Rani (PW-13), to whom the Respondent No. 2 was married i.e. he was the father-in-law of the Respondent No. 2.

3. It appears that the Respondent No. 2 and his family mistreated Smt. Asha Rani (PW-13). Complaints were filed by Smt. Ash

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