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9.APEAL-428-2007.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.428 OF 2007

The State of Maharashtra

)….Appellant/Complainant

V/s.

1) Dattatray Bajrang Choughule

Age : 60 years, Occu. : Agri

R/o. Gardi, Tal. Pandharpur,

District - Solapur

)

)

)

)

2) Pradeep Dattatray Choughule

Age : 30 years, Occu. : Agri

R/o. Gardi, Tal. Pandharpur,

District - Solapur

)

)

)

).….Respondents/accused

----

Mrs. Anamika Malhotra, APP for State – Appellant.

None for respondents.

----

CORAM : K.R.SHRIRAM, J.

DATE : 7^th MAY 2021

ORAL JUDGMENT :

1

This is an appeal impugning an order and judgment dated

3^rd September 2005 passed by the IV^th Joint Judicial Magistrate, First Class,

Pandharpur, acquitting respondents (accused) of offences punishable under

Section 323 (Punishment for voluntarily causing hurt), Section 325

(Punishment for voluntarily causing grievous hurt), Section 504 (Intentional

insult with intent to provoke breach of the peace) read with Section 34

(Acts done by several persons in furtherance of common intention) of the

Indian Penal Code (IPC).

2

Learned APP in fairness submitted that there are incons