STATE OF MAHARASHTRA Vs. GHANASHYAM DATTATRAYA BHISALE

JUDGEMENT

(1.) THE State of Maharashtra aggrieved by the Judgment and order dated 2-12-1981, passed by the Sessions Judge, Ratnagiri in Sessions Case No. 32/1981 acquitting the six respondents for offences punishable under sections 147, I. P. C. and 302 r/w. 149 I. P. C. , has come up in appeal before us. At the very outset, we may mention that respondent No. 2 Mohan Dattatraya Bhisale died during the pendency of this appeal and vide order dated 17-1-1994, passed by Division Bench of this Court, comprising of A. C. Agarwal and I. G. Shah, JJ. , appeal against him was ordered to stand abated.

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

(3.) THE F. I. R. of the incident was lodged the next morning (the morning of 11-3-1981) at Police Station Malvan by Suresh Kavathkar P. W. 6. In the same, the six respondents are named. The F. I. R. is Exhibit 33. On the basis of the F. I. R. , P. S. I. Mahendra Gopinath Bhokare, P. W. 10, of Police Station Malvan, registered a case against the respondents.