STATE OF MAHARASHTRA Vs. SAYYED MOHSIN SAYYED HASSAN

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by the appellant/state under section 371 (1) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment and order dated 26th November, 1985 passed by Additional Sessions Judge, Greater Bombay in Sessions Case No. 677 of 1983.

(2.) BY the impugned judgment and order, learned Additional Sessions Judge, Greater Bombay had acquitted all the seven accused of the charges levelled against them under sections 143, 148 r/w 149, 323 r/w 149, 394 r/w 149 and 506 (ii) r/w 149 of the Indian Penal Code.

(3.) IT has to be pointed out that the present Criminal Appeal filed by the State was directed only against the acquittal of original accused Nos. 1 and 5 i. e. Sayyed Mohsin Sayyed Hassan and Prakash Pandharinath Joshi, who are respondents 1 and 2 respectively, to the present Criminal Appeal. It also has to be stated that all the other remaining accused namely accused No. 2 Anthony Veerswamy John @ Kalya Anthony, accused No. 3 Subhash Narayan Mayekar, accused No. 4 Parshuram Maruti Salunke, accused No. 6 Ramesh Hari Malbari and accused No. 7 Rajaram Ganpat Pawar are no more alive. Even original accused No. 1/respondent No. 1 herein Sayyed Mohsin Sayyed Hassan expired during the pendency of the present Criminal Appeal, and therefore, appeal against original accused No. 1 /respondent No. 1 abates.