LAWS(BOM)-2015-1-190

PRAVIN Vs. THE STATE OF MAHARASHTRA AND ORS.

Decided On January 08, 2015
PRAVIN Appellant
V/S
THE STATE OF MAHARASHTRA AND ORS. Respondents

JUDGEMENT

(1.) This is a Revision questioning correctness of the judgment and order of acquittal, passed by the learned Additional Sessions Judge, Amalner on 26.4.2001 in Sessions Case No. 31 of 1999, thereby the learned trial court acquitted respondent Nos. 2 to 7 original accused for the offences punishable under Sections 494 and 302, 498A, 323, 504 and 506 r/w 34 of the Indian Penal Code. During the pendency of the present Revision, respondent No. 4 Pratap Deoram Patil was reported to be dead, and therefore, by order dated 26.11.2014 the proceedings against him were disposed of as abated.

(2.) Though the accused persons were acquitted by the learned trial court, the State chose not to prefer any appeal against such acquittal. It is the present applicant, the brother of Ushabai, who was also examined as P.W. 1 during trial, approached this court by filing the present Revision.

(3.) Time and again the matter was adjourned for one reason or the other. It appears that nobody represented the applicant on one earlier date also, though the applicant is represented by the learned counsel. Today also, the counsel for the applicant did not turn up for hearing of the present application, nor there is any request on his behalf for adjournment. Therefore, the court proceeded further with the hearing of the Revision. Shri Vinod Patil, learned counsel represented respondent Nos. 2 to 7/original accused and Shri V.P. Kadam, learned Additional Public Prosecutor represented respondent No. 1/State. With the able assistance of learned counsel for the accused/respondents and learned Additional Public Prosecutor for the State, I have gone through the record and proceedings including the notes of evidence and exhibited documents.