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8criwp1220.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

8 CRIMINAL WRIT PETITION NO.1220 OF 2021

WITH

APPLN/2647/2021 IN WP/1220/2021

SAHEBRAO SHANKAR BHALKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA

...

Advocate for Petitioners : Mr. A.P. Lohade h/f Mr.Ladda Somnath G.

APP for Respondent-State : Mrs.R.P.Gaur

...

CORAM : N.R. BORKAR , J.

DATE : 29^th NOVEMBER, 2021.

P. C. :

1.

The petitioners are accused in Sessions Case No. 153 of

2015 and are facing trial for the offences punishable under Sections.

302, 143, 147, 148, 149 of the Indian Penal Code (for short “I.P.C.”)

and under Section 135 of the Maharashtra Police Act.

2.

During the cross-examination of PW 19 Mr.

Laxminarayan Abarao Shingare, the Investigating Officer certain

questions were put to him. Paragraph No. 26 of the cross-

examination which is relevant for the purpose of deciding the

controversy in the present matter reads thus :

“On 14.03.2015, I had gone to the spot of

incident. I could not meet P.W.1 Mangalchand or

Shivpal, when I had gone to the spot on 14.03.2015

during day or night time,