LAWS(BOM)-2022-2-130

STATE OF GOA Vs. VENKATESH MAHATURE

Decided On February 28, 2022
STATE OF GOA Appellant
V/S
Venkatesh Mahature Respondents

JUDGEMENT

(1.) This is an appeal pending before this Court since the year 2001. A perusal of the papers shows that incident in question in the present case took place as far back as on 8/7/2000, on the basis of which the respondent was prosecuted for having committed an offence under Sec. 326 of the Indian Penal Code(IPC). Upon the filing of the chargesheet and trial being conducted, by a judgment and order dtd. 14/3/2001, the Court of the Judicial Magistrate, First Class, Vasco-da-gama acquitted the respondent as the prosecution failed to prove its case beyond reasonable doubt.

(2.) This appeal along with the application for leave to appeal was presented before this Court. On 18/6/2021, this Court passed an order of "Admit". Thereafter, the appellant/State was expected to serve the respondent(original accused). But the record shows that State was unable to serve the respondent, as a consequence of which non-bailable warrants were issued against the respondent.

(3.) On 15/2/2016, this Court took note of the aforesaid facts, and while adjourning the appeal observed as follows:-