STATE OF MAHARASHTRA Vs. BHASKAR TUKARAM KAMBLE

JUDGEMENT

(1.) By this appeal under Section 378(2)(b) of the Code of Criminal Procedure, 1973 (CrPC), the State seeks to challenge the judgment and order dated 13.11.2002 delivered by the learned Additional Sessions Judge, Hingoli in Sessions Trial No.42/1999, vide which, all the ten accused have been acquitted from the charge of having committed offences punishable under Sections 302, 307, 325, 326, 147, 148 and 149 of the Indian Penal Code and Section 135 of the Bombay Police Act, 1951 (hereinafter referred to as "the 1951 Act").

(2.) Out of the ten accused, accused No.1 (Bhaskar Tukaram Kamble) and accused No.10 (Antakalabai w/o Gyanoji Kamble) have passed away during the pendency of the case before the Trial Court. The trial, therefore, abated as regards these two deceased accused. During the pendency of this appeal, accused No.6/ Gyanoji has passed away on 27.11.2007 and accused No.8 Vinod has passed away on 25.05.2015. This Appeal against acquittal, therefore, abates against accused No.6/ Gyanoji and accused No.8/ Vinod.

(3.) The prosecution had put forth it's case before the Trial Court as under :-