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2021 Supreme(Bom) 721

Z.A.HAQ, AMIT B.BORKAR
State Of Maharastra – Appellant
Versus
Vivek Prakash Ingle – Respondent


Advocates appeared:
T.A.Mirza, Advocate, K.H.Anandani, Advocate, Ayush Sharma, Advocate, Amol Jaltare, Advocate, Falgoni Badami, Advocate, S.V.Sirpurkar, Advocate

JUDGMENT

AMIT B.BORKAR,J. - Through this appeal the appellant-State of Maharashtra challenges the judgment and order passed by the Additional Sessions Judge-IV, Akola in Sessions Trial No. 35/2015 dated 05.03.2018 thereby acquitting all respondents of the charge of commission of offences punishable under Sections 143, 147, 148 and 307 read with Section 149 and 302 of the Indian Penal Code.

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

Bhushan Mahadeorao Ingle (PW14) was the owner of Jairaj Wine Bar situated at Akola. The informant-Sachin Ashok Nandane (PW4) and Sunil @ Chotu Narayan Dhopekar (deceased) were working as Manager in the said bar. On 12.08.2014, accused Satish Khandare, Sagar Uparwat and four others came in the bar when the Informant was present. They had food, liquor and their bill was Rs. 3870/-. When the Informant demanded the amount of the bill from Satish Khandare, he told informant to keep the said amount as credit in his account. There was argument between the Informant and the accused Satish Khandare and Sagar Uparwat over the payment of the bill. At that time, Sunil (deceased) came there and Satish Khandare and Sagar Uparwat abused Sunil (deceased). They le

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