(1.) The appellant/State has filed this appeal under Section 378(1) of the Criminal Procedure Code against the judgment and order dated 18.05.1999 in Sessions Case No. 191 of 1995 passed by learned
(2.) nd Additional Session Judge, Ahmednagar thereby acquitting all the four respondents (accused Nos. 1 to 4) of the offences punishable under Sections 302, 324 and 504 individually or r/w Section 34 of the Indian Penal Code (for short the IPC). Respondent No.3/accused No.3- Mahadeo Kolekar is reported dead on 09.03.2015 during pendency of the appeal as stated in the affidavit (Flag-A) dated 18.06.2015 of respondent No.1/accused No.1-Ankush Kolekar and as seen from the copy of the death certificate of accused No.3- Mahadeo Kolekar produced alongwith above affidavit which is not disputed by the appellant/State and therefore the appeal is abated against accused No.3-Mahadeo Kolekar.
(3.) To prove the charge against the accused, prosecution has examined in all 11 witnesses and relied upon the Panchanamas, postmortem report and other documents i.e. injury certificates of eye witnesses etc. Learned Additional Sessions Judge held that the prosecution has failed to prove the aforesaid offences against the accused individually or in furtherance of their common intention and acquitted all the accused of the said offences by the judgment and order dated 18.05.1999. Therefore this appeal by the State challenging the said judgment and order of acquittal.
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