STATE OF MAHARASHTRA Vs. RAVIKANT SHANKARAPPA PATEL

JUDGEMENT

(1.) This is an appeal filed by the State.

(2.) Heard all the advocates for the accused respondents.

(3.) At the outset, Mr. Mundargi contended that in view of the two judgments of the Supreme Court reported in MANU/SC/0245/1981 : 1981CriLJ1284a between State of Maharashtra v. Eknath Yeshwant Pagar and Anr. unreported judgment of the Supreme Court in Criminal Appeal No. 1233 of 2003 between Dnyaneshwar Narayan Pote v. State of Maharashtra, the present appeal does not survive because the accused No. 10 was the person who was the main assailant and allegedly killed Ganesh Kolekar who died during the pendency of the trial. He, therefore, contended that he was the main person in the attack and, therefore, if he dies during the pendency of the trial, in view of these two judgments, no case survives against the accused respondents particularly when they were acquitted by the trial.