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2023 Supreme(Bom) 776

VINAY JOSHI, BHARAT P. DESHPANDE
Maya W/o. Anantrao – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Gayatri Dive, Advocate, V.A.Thakare, Advocate, Atharwa S.Manohar, Advocate

JUDGMENT

BHARAT P.DESHPANDE, J. - Admit. Heard finally by the consent of the learned counsel for the respective parties.

2. This appeal is filed by the original complainant whereby challenging acquittal of respondent Nos.2 to 10 (original accused Nos.1 to 9) in Sessions Case No.09/2015, vide judgment dtd. 5/5/2018, passed by Ad-hoc Additional Sessions Judge, Yavatmal.

3. The appellant/complainant set the law in motion by filing complaint on 13/10/2013 at Police Station Babhulgaon, District - Yavatmal, on the allegations that all the accused persons formed unlawful assembly and in furtherance of common object, assaulted her father-in-law (Natthuji), brother-in-law (Gunwant) and other relatives with the help of sticks, iron rods and spear and attempted to commit murder in that assault, the family members sustained bleeding injuries. The JCB machine brought for the purpose of clearing water canal was also damaged.

4. Babhulgaon Police Station registered the offence vide Crime No.146/2013, for the offences punishable under Ss. 307, 143, 147, 148, 149, 324, 294, 323, 427 and 506 of the Indian Penal Code. After investigation, charge-sheet was filed before the learned Magistrate and vide orde

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