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MANISH PITALE
State Of Goa – Appellant
Versus
Venkatesh Mahature – Respondent


Advocates Appeared:
S.G.Bhobe, Advocate

JUDGMENT

1. This is an appeal pending before this Court since the year 2001. A perusal of the papers shows that incident in question in the present case took place as far back as on 8/7/2000, on the basis of which the respondent was prosecuted for having committed an offence under Sec. 326 of the Indian Penal Code(IPC). Upon the filing of the chargesheet and trial being conducted, by a judgment and order dtd. 14/3/2001, the Court of the Judicial Magistrate, First Class, Vasco-da-gama acquitted the respondent as the prosecution failed to prove its case beyond reasonable doubt.

2. This appeal along with the application for leave to appeal was presented before this Court. On 18/6/2021, this Court passed an order of "Admit". Thereafter, the appellant/State was expected to serve the respondent(original accused). But the record shows that State was unable to serve the respondent, as a consequence of which non-bailable warrants were issued against the respondent.

3. On 15/2/2016, this Court took note of the aforesaid facts, and while adjourning the appeal observed as follows:-

    4. Considering the serious nature of the charge and also observations of the learned Magistrate in the impugned ju

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