STATE OF MAHARASHTRA Vs. IRPHAN KHUDADA BARDI

JUDGEMENT

(1.) A perverse judgment of acquittal dated 29th April 1982 passed by the IVth Additional Sessions Judge, Thane, in Sessions Case No. 221 of 1980 acquitting the respondents for offences punishable under section. 302 I. P. C. read with 149 I. P. C. , in the alternative under section 302 read with 34 I. P. C. ; 324 read with 149 I. P. C. ; 324 read with 34 I. P. C. ; 147 I. P. C. ; and 148 I. P. C. etc. has prompted the State of Maharashtra to file an appeal under section 378 (1) Cr. P. C.

(2.) WE may straightway mention that the appeal against respondent No. 7, Ikbal Gulam Rasul Kharabe, stands abated in view of the order dated 1-11-1993 passed by a Division Bench of this Court comprising of M. L. Pendse, J. (as he then was) and M. F. Saldanha, J.

(3.) BRIEFLY stated the prosecution case runs as under :-