CHANDRAKANT Vs. DAYARAM P. BHOITE

JUDGEMENT

(1.) Present Appeal has been filed by the original informant under Sec. 372 of the Code of Criminal Procedure to challenge the acquittal of respondent Nos.1 and 2 (original accused Nos.1 and 2) by learned Sessions Judge, Aurangabad in Sessions Case No.32 of 2008 on 27 th December 2019 thereby acquitting respondent Nos. 1 and 2 (hereinafter would be referred as 'accused Nos.1 and 2' as they stood before the trial Court) under Ss. 302, 120-B of the Indian Penal Code.

(2.) Heard learned Advocate Mr. Hingole for the appellant and learned APP Mr. Sanap for respondent No.3. We have considered the case at the admission stage. We had called the record and proceedings and went through the same with the able assistance of learned Advocate for the appellant and learned APP for respondent No.3. It is not even necessary to issue notice to respondent Nos.1 and 2.

(3.) The facts leading to the Appeal are that the present appellant is the informant, who is the son of deceased Mandabai Hivrale. Accused No.2 was the neighbour of the informant. There were disputes between the family of accused No.2 and the informant. Many cases were filed against each other. It was alleged by the informant that the family of accused No.2 was involved in illegal acts. Sons of accused No.2 were local Gundas and habitual offenders. Accused No.1 was serving as Police Inspector with M.I.D.C. Cidco Police Station, Aurangabad on or around 23/4/2004. Informant and his mother Mandabai had lodged several complaints against accused No.2 in the said Police Station. Accused No.2 and her family members had also lodged reports against the informant and his mother. However, the informant alleges that no action was taken against accused No.2 - Aminabee and her family members on the basis of report lodged by him and his mother but accused No.1 had taken action against Mandabai on the basis of report lodged by Aminabee. Even informant and his mother were arrested and kept in lock- up. Therefore, informant and his mother Mandabai had the feeling that accused No.1 was taking the side of accused No.2.