STATE OF MAHARASHTRA Vs. JOSEPH MINGEL KOLI

JUDGEMENT

(1.) A perverse Judgment of acquittal dated 6-8-1990 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 259 of 1979, acquitting the respondents for offences punishable under sections 143 I. P. C. , 144 I. P. C. , 147 I. P. C. , 148 I. P. C. , 324 read with 149 I. P. C. (on two separate counts namely causing hurt to Anantya Shetty and Krishna Gauda), 323 read with 149 I. P. C. , 337 read with 149 I. P. C. , 436 read with 149 I. P. C. , 450 I. P. C. and 395 I. P. C. , has prompted the State of Maharashtra to file an appeal against acquittal under section 378 (1) of Cr. P. C.

(2.) AT this juncture, we may mention that the appeal against respondent Nos. 2 and 3 namely Pundalik Patil Kesarinath and Maruti Krishna Patil was dismissed by order dated 19-12-1983 passed by a Division Bench of this Court as no action had been taken to serve them. We may also mention that appeal against the respondent Nos. 1, 4 and 8 namely Joseph Mingel Koli, Ramakant Shankar Patil and Tanaji Devji Bhivande has been ordered to be abated since they are reported to be dead. Abatment orders in respect of respondent Ramakant Shankar Patil and Tanaji Devji Bhivande were passed by a Division Bench of this Court on 17-1-1994 and the same in respect of respondent Joseph Mingel Koli was passed by us today. The short and long of the matter is that this appeal only survives against respondents Anthony Pascal Koli, Liladhar Sadashiv Patil, Bhalchandra Pandurang Wagh, Nilkanth Vishnu Patil, Dinanath Jivan Koli, Ganpat Narayan Patil, and Vishwanath Posha Koli.

(3.) WE would first like to set out the factual matrix from which, this appeal arises: