STATE OF MAHARASHTRA Vs. RAMNATH GOPINATH PATIL

JUDGEMENT

(1.) Heard the learned APP appearing for the State. It appears from the record that the appeal was admitted on 1-9-1986 [Coram : Sawant & Kolse Patil, JJ.]. Thereafter the Criminal Appeal Branch forwarded the matter in Criminal Appeal No. 257 of 1986 to the Criminal 'B' Branch in 2010. However, despite the number of efforts being taken by the office, the judgment & order disposing of the appeal was not found in the said case. The office came to the conclusion that the appeal is still pending for final hearing, and therefore, the Registrar (Judicial) passed an order dated 19-11-2011 that the matter may be placed for disposal. When this fact was brought to our notice on 7th December, 2011 matter was kept for direction on 12th December, 2011, and thereafter it was peremptorily fixed for hearing since it was one of the oldest case pending on the file of this Court.

(2.) We have heard the learned APP appearing for the appellant at length. He has taken us through the judgment and order of the trial court and notes of evidences, and records & proceedings.

(3.) The State has preferred this appeal against the acquittal, being aggrieved by the judgment & order passed by the Sessions Court. Mumbai dated 24th December, 1985 whereby the Sessions Court was pleased to acquit respondent Nos. 1 to 7 for the offences punishable under Sections 143, 147, 302 read with Section 149 and Section 302 read with Section 34 of the I. P. Code. All the accused were also acquitted for the other offences with which they were charged.