(1.) THE appeal is filed against the judgment and order of Criminal Appeal No. 27/1999 which was pending in the Court of the Additional Sessions Judge, Latur. The Chief Judicial Magistrate, Latur had convicted and sentenced accused Nos. 1 to 6 and 8 and 10 for offence punishable under section 323/34 of the Indian Penal Code and accused No. 9 was convicted and sentenced for offence punishable under section 379 of the Indian Penal Code in a private complaint filed by the present appellant which was numbered as R.C.C. No. 476/1987. This decision is set aside by the appellate Court and all the accused are acquitted. Both the sides are heard.
(2.) DURING pendency of present proceeding, accused Nos. 7 to 9 viz. Kishan Bharti, Kishan Gawali and Santram Sonkamble died. The remaining respondents were convicted and sentenced for the offence punishable under section 323/34 of the Indian Penal Code. The incident in question took place on 27 -11 -1987. The Chief Judicial Magistrate had convicted them on 21 -8 -1999.
(3.) IT is the case of the complainant that on 29 -11 -1987 he gave complaint of aforesaid incident to the District Superintendent of Police but no action was taken by police. The private complaint came to be filed on 18 -12 -1987. Except one, all the 10 accused were working as police constable in Renapur Police Station and one accused was working as A.S.I. The case was tried as warrant case filed on private complaint.