Bombay High Court
The State Of Maharashtra vs Mohan Ggokulrao Runjwan And Ors on 4 July, 2017
Bench: S.S. Shinde
130.2000 Cri.Appeal.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.130 OF 2000
The State of Maharashtra APPELLANT
[Ori. complainant]
VERSUS
1. Mohan s/o.Gokulrao Ranjwan,
Age: 22 Yrs., Occu: Student,
R/o. Shahunagar, Majalgaon,
Dist.Beed.
2. Ashok s/o. Gokulrao Ranjwan,
Age: 23 Yrs., Occu:Agri.
R/o. as above.
3. Suresh s/o.Vithalrao Alminar,
Age: 30 Yrs., Occu:Service,
R/o.Yegaon, Tq.Chiplun,
Dist. Ratnagiri,
At present Majalgaon.
4. Shravan s/o.Gangadhar Pable,
Age: 26 Yrs., Occu: Service,
R/o. Shirasmarg., Tq.Georai,
At present : Majalgaon,
Shivajinagar, Majalgaon,
Dist. Beed.
5. Sambhaji s/o.Shankar Jogdand,
Age: 25 Yrs., Occu:unemployed,
R/o. Javalban, Tq.Kaij,
At present Majalgaon.
6. Sk. Najjam @ Mustafa s/o. Sk.Mohmad,
Age: 20 Yrs., Occu: Education,
R/o. Deokheda, Tq.Majalgaon. RESPONDENTS
[ori.accused]
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130.2000 Cri.Appeal.odt
2
...
Mr.R.V.Dasalkar, APP for the Appellant-
State.
Mr.S.J.Salunke, Advocate for respondent nos.3
and 4.
Mr.S.J.Salunke, Advocate holding for
Mr.B.R.Sable, for respondent nos.1, 2, 5 & 6.
...
WITH
CRIMINAL REVISION APPLICATION NO.429 OF 1999
Rajendra s/o. Subhash Taur,
Age: 26 years, Occu : Agril.
R/o. Changatpuri, Tq.Partur,
Dist. Jalna. PETITIONER
[Ori.complainant]
VERSUS
1. The State of Maharashtra.
2. Mohan s/o.Gokulrao Ranjwan,
Age: 22 Yrs., Occu: Student,
R/o. Majalgaon, Dist.Beed.
3. Ashok s/o. Gokulrao Ranjwan,
Age: 23 Yrs., Occu:Agriculture,
R/o. as above no.2
4. Suresh s/o.Vithalrao Alimkar,
Age: 30 Yrs., Occu:Service,
R/o.Yegaon, Tq.Chiplun,
At present Majalgaon.
5. Shravan s/o. Gangadhar Pable,
Age: 26 Yrs., Occu: Service,
R/o. Shirasmarg., Tq.Georai,
At present : Majalgaon,
6. Sambhaji s/o. Shankar Jogdand,
Age: 25 Yrs., Occu:unemployed,
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130.2000 Cri.Appeal.odt
3
R/o. Javalban, Tq.Kaij,
At present Majalgaon.
7. Sk. Najjam @ Mustafa s/o. Sk.Mohmad,
Age: 20 Yrs., Occu: Education,
R/o. Deokheda, Tq.Majalgaon. RESPONDENTS
[Resp.nos.2 to 7
are ori.accused
nos.1 to 6]
...
petitioner served.
Mr.R.V.Dasalkar, APP for respondent No.1 -
State.
Mr.S.J.Salunke, Advocate holding for
Mr.B.R.Sable, for respondent nos.4 to 7.
Mr.V.D.Salunke, Advocate for respondent nos.2
and 3 [absent].
...
CORAM: S.S.SHINDE &
S.M.GAVHANE,JJ.
Reserved on : 22.06.2017
Pronounced on : 04.07.2017
JUDGMENT: (Per S.S.Shinde, J.):
1. Criminal Appeal No.130 of 2000 is
filed by the appellant-State, challenging the
judgment and order of acquittal passed by the
IVth Additional Sessions Judge, Beed on 13th
August, 1999 in Sessions Case No.83/1997, and
Criminal Revision Application No.429 of 1999
is filed by the original informant.
130.2000 Cri.Appeal.odt
2. The prosecution case in nutshell is
as under:
Victim Narayan and deceased Subhash
are paternal cousins, resident of village
Changatpuri, Taluka Partur, District Jalna.
On the morning of 06.06.1997, both of them
along with other relatives went to village
Gadhe-Pimpalgaon for settlement of an
alliance. They started traveling for
Changatpuri in the evening by jeep, and at
Majalgaon victim Narayan and deceased Subhash
stayed back on the pretext of some work,
while others proceeded back to Changatpuri.
3. On the next day morning i.e., on
07.06.1997, victim Narayan returned alone to
Changatpuri in an injured condition, and
directly went to his house. On getting
information about the condition of Narayan,
his relations viz. paternal uncle Balasaheb,
Ganesh and others went to his house, enquired
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about the cause of his condition, upon which
he told them that while he himself and
Subhash had gone to take meals at Amar Permit
Room at Majalgaon, altercation took place
between them and the owner of the permit room
over excessive charging of the bill. The said
altercation culminated into incident of
assault on them by the owner and waiters of
the permit room. The accused assaulted them
by stick and iron bars. On account of this
incident, both of them sustained injuries.
The witness Narayan further informed them
about admitting Subhash in the Government
Hospital, Majalgaon. On getting this
information, informant Rajendra son of
deceased Subhash along with his paternal
uncle Ganesh went to the Majalgaon to enquire
about Subhash. They, after reaching
Majalgaon, directly went to Amar Permit Room
and Ganesh Taur, paternal uncle of informant
Rajendra enquired with accused no.1 Mohan,
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who was sitting at the counter, regarding the
whereabouts of the person i.e., Subhash, who
was injured in the incident of the previous
night, and he told them that the said injured
was not admitted by the Doctor of Primary
Health Center, Majalgaon, and therefore, he
was taken to the Civil Hospital, Beed and he
has been admitted in the Civil Hospital,
Beed.
4. Accordingly, the informant Rajendra
and his uncle Ganesh proceeded to Beed and
went to Civil Hospital, Beed. The nurse on
duty at Civil Hospital, Beed, informed them
about admission of injured Subhash and about
his demise.
5. Informant Rajendra then lodged the
First Information Report about the incident
with Head Constable Gode [PW-12], who was on
duty at the Civil Hospital, Beed at that
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time. The inquest panchnama was drawn by the
Head Constable Gode. The requisition letter
was issued to the Medical Officer on duty to
conduct the postmortem of the dead body of
Subhash. After the postmortem, the dead body
came to be handed over to the informant
Rajendra, and his uncle Ganesh. They
accordingly brought the dead body to
Changatpuri and the last rites were
performed. The Head Constable Gode forwarded
the relevant papers, comprising inquest
panchnama, postmortem notes, FIR to Majalgaon
Police Station.
6. PSI Gadekar registered offence under
penal sections mentioned above vide Crime
No.69/1997, and after completion of the
investigation, charge sheet was filed before
the Judicial Magistrate First Classs, who in
turn was pleased to commit it to the learned
Sessions Court in a usual manner.
130.2000 Cri.Appeal.odt
7. The charge under Sections 147, 148,
302, 324 of the IPC and Section 149 of the
IPC came to be explained to the accused at
Exh.27. They claimed to be tried raising the
defence in their statements under Section 313
of the Criminal Procedure Code, that they
have been falsely implicated in the crime by
the witness Narayan on account of strained
relations with maternal uncle Nakalgaonkar,
residing at Majalgaon and also on account of
the differences over the Ganesh Mandal.
8. Accused nos.1 and 2 also denied the
fact of running and owning Amar Permit Room
while accused nos. 3 to 6 denied the fact of
working as waiters in that permit room. The
accused thus disown the responsibility and
liability for the alleged incident asserting
that they are not involved in it. Regarding
the injuries sustained by the victims, it is
contended by them that they were sustained in
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accident and as injured Narayan was
accompanying Subhash, and apprehending that
he would be held responsible for the injuries
sustained by his cousin Subhash, unjust
prosecution came to be foisted on them.
Accused thus prayed for clean acquittal.
9. After full-fledged trial, the
accused were acquitted by the Sessions Court
at Beed. Hence this Appeal filed by the
appellant-state.
10. Learned APP appearing for the
appellant-State submits that the evidence of
Narayan [PW-4], who witnessed the incident
and suffered injury, ought to have been
believed by the trial Court. His evidence
gets corroboration from the medical evidence.
He also invites our attention to the evidence
of other prosecution witnesses, and submits
that the appeal deserves to be allowed.
130.2000 Cri.Appeal.odt
11. On the other hand, learned counsel
appearing for respondents-accused invites our
attention to the findings recorded by the
trial Court, and submits that the said
findings are in consonance with the evidence
brought on record. It is submitted that the
evidence of Narayan [PW-4] cannot be
accepted, since it suffers from serious
contradictions, omissions and improvements.
The medical evidence does not support
prosecution case, and there is no
corroboration to the evidence of Narayan
[PW-4]. Therefore, he submits that the appeal
may be dismissed.
12. We have given careful consideration
to the submissions of the learned APP
appearing for appellant-State, and the
learned counsel appearing for the
respondents-accused. With their able
assistance, carefully perused the entire
evidence brought on record by the
130.2000 Cri.Appeal.odt
prosecution. It appears that the prosecution
examined Dr.Suryakant Arjunrao Sable as
PW-14, who was working as Medical Officer,
Primary Health Centre, Majalgaon. On
examination of injured Narayan [PW-4], he
noticed as many as 5 injuries, which are as
under:
1. Contusion with abrasion at upper lip
of size 3x2 cm, irregular shape and
margins.
2. Contusion on left shoulder 5'x2'
transverse direction, edges
parallel.
3. Contusion on left elbow, 2'x2'
irregular margins and shape.
4. Contusion on right elbow, 2'x2'
irregular shape and margins.
5. Contusion with abrasion with
avalsion of nail, 1st toe of left
foot (great), 2x2 cm. irregular
shape and margins.
13. He stated that the injuries were
130.2000 Cri.Appeal.odt
more than 48 hours, simple in nature caused
by hard and blunt object like stone, stick.
He is now shown the weapons articles 19 to
21. Injury no.2 is possible by the stick
article no.19 while the remaining injuries
are not possible by the iron bars articles 20
and 21. The remaining injuries are possible
by stones or stick. Accordingly, he had
issued the certificate, which is shown to
him, is the same. It is in his writing. He
has signed it. The contents read over by him
are correct. It is at Exh.90. The injured was
treated as an outdoor patient.
14. During his cross examination, he
stated that the colour of the injuries is not
mentioned in the certificate Exh.90. The
stick article no.19 is long in breadth and
small in width. If injury is caused by such
stick it would form a linear injury. It is
correct to state that injury nos.1 to 5 are
also possible by fall on the ground. Injury
130.2000 Cri.Appeal.odt
no.2 is linear injury. This fact is not
mentioned in the Certificate Exh.90.
15. It is crystal clear from reading his
evidence that except injury no.2, no any
other injuries are stated to be possible by
the iron bars i.e. article nos.20 and 21.
The remaining injuries are stated to be
possible by stones or stick. It appears that
Narayan [PW-4] suffered simple injuries. In
his cross examination, he further stated
that, injury nos.1 to 5 are also possible by
fall on the ground.
16. The prosecution examined Dr.
Vijaykumar Shamrao Kulkarni as PW-9, so as to
prove whether death of Subhash was homicidal
or otherwise. Upon careful perusal of his
evidence, he stated that Subhash was brought
to the Civil Hospital, Beed, by one Vijay
Bahir, and the history of injury by accident
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was given by him. He came with reference
letter issued by the Medical Officer, Primary
Health Centre, Majalgaon at Exh.67.
Dr.Vijaykumar Kulkarni [PW-9] informed the
police on duty about the medico-legal case
under the requisition letter [Exh.68], in
which the cause of injury of Subhash was
given as due to the accident. It is true that
he clarified in his examination in chief that
though he had written earlier that Subhash
suffered multiple injuries were not found on
account of the accident, but were due to the
assault as he could give positive and certain
opinion about cause of injuries on conducting
postmortem only. According to Dr. Kulkarni
[PW-9], he noticed 14 external injuries and 5
internal injuries while examining deceased
Subhash. In his examination in chief, he
stated that, Vijay Bahir had narrated the
story to him. Further according to him, when
the injured Subhash was brought to the
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Hospital, he was fully conscious, however, he
did not record his statement in the form of
dying declaration. He also testified that
the injuries were possible by stick and two
iron bars articles 19 to 21, but he again
contradicted himself when the same question
was repeated to him in the cross examination
that if a person is assaulted by long stick
small in width then the nature of the injury
would be linear contusion. He was also
confronted with the proposition under the
chapter of cerebral poisons page 199 of
Modi's Medical Jurisprudence [21st Edition]
and was asked as to whether he agreed with
the same proposition or not. He stated that
he agrees with the said proposition which
pertains to pharmaco logical effects of
alcohol and at page no.199 of the book it is
mentioned that alcohol disappears very slowly
and is found in the blood for about 20 hours
after it is drunk. Obviously, the analytical
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report of the blood of the deceased Subhash
showed that no alcohol was detected in it
[Exh.72].
17. As already observed, the star
witness of the prosecution case is Narayan
[PW-4], who claimed that he was eye witness
to the incident, and he also suffered injury
during the said incident. During recording of
his evidence, he stated that they own
agricultural lands in two villages i.e.
Raulgaon and Changatpuri. He has three step
brothers and two real sisters. His father is
residing at village Raulgaon, while he along
his mother reside at Changatpuri. His
maternal uncle resides at Nakalgaon. His
uncle has one house at Majalgaon also.
Narayan [PW-4] has studied upto 12th Standard
at Majalgaon from 7th to 12th standard. He
knows all accused present before the Court,
since from time of his education in
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Majalgaon. Accused no.1 and 2, Mohan and
Ashok, own their house adjoining to house of
his maternal uncle. Accused nos.1 and 2 own
Amar Permit Room at Majalgaon, and he used to
go there. Accused nos.3 to 6 are working as
waiters in Amar Permit Room. The deceased
Subhash was his paternal cousin. Subhash
used to reside at Changatpuri. The incident
occurred on 6th June, 1997. On that day he
himself, Subhash, Balasaheb, Babasaheb,
Ramrao, Bharat Trimbak, Vithal had gone to
Gadhe-Pimpalgaon to settle the alliance.
They started from Changatpuri around 10.00
a.m. and reached Gadhe-Pimpalgaon 00 hours in
the noon. They took their meals at Gadhe
Pimpalgaon at 1.00 p.m. They started back at
7.00 p.m. and reached Majalgaon via Telgaon
route at 9.00 p.m. As their jeep had broke
down at Telgaon, therefore, they looked for
another jeep at Majalgaon. He himself and
Subhash stayed behind while others proceeded
130.2000 Cri.Appeal.odt
back to village by jeep. Then at around 10.30
p.m., he himself and Subhash went to dine at
Amar Permit Room. They placed an order or
quarter of Royal Gold with accused no.4
Shravan [witness identified the said accused
in the dock], and also other refreshment.
They further placed an order of two more
quarter of Royal Gold and then asked the
waiter accused no.4 Shravan to get the bill.
18. He further stated that he himself
and Subhash then went to the counter to make
the payment. Accused no.1 Mohan was sitting
at the counter. The bill charged was of
Rs.149/-, therefore, they enquired with Mohan
as to how the charges were made. As per their
calculation, the bill ought to have been of
Rs.134/-. Accused no.1 Mohan said that the
bill is correct, and started abusing them.
He himself and Subhash told Mohan that there
was no reason to give abuses and to explain
130.2000 Cri.Appeal.odt
the bill. Upon it accused no.1 Mohan slapped
Subhash. Accused no.2 Ashok standing near the
counter rushed to Subhash. Accused no.1 Mohan
and accused no.4 Shravan started assaulting
him by stick and iron bar. Accused no.1 Mohan
was carrying iron bar and accused no.4
Shravan was carrying stick. They dragged to
him while assaulting to lane near the cabin.
Accused no.2 Ashok started assaulting Subhash
by iron bar while the two waiters accused
no.5 Sambhaji, accused no.6 Mustak gave fist,
kick blows to him [witness identified the
said two accused in the dock]. All the
accused then dragged him and Subhash out of
the shutter and continued to assault him, and
Subhash by stick, iron bars and fist kick
blows. He sustained injuries on his back,
abdomen, face, leg. He had not seen injuries
of Subhash, as he was under his own fear and
tension. On noticing injured condition of
Subhash he got nervous and while attempting
130.2000 Cri.Appeal.odt
to run away from there, saw accused no.1
Mohan, accused no.2 Ashok dragged Subhash to
nearby drainage. He himself then started
running away from there, and all accused
chased him and caught hold him near the arch
of the bar, and started assaulting him by
iron bar and fist kick blows. Subhash was
during that time lying in injured condition
near the drainage. He while being assaulted
got himself free and ran towards S.T. stand.
On the next day morning, he himself by S.T.
bus came to his village. Since he had severe
injuries, he went to his home and stayed
there itself. Balasaheb and Ganesh came to
meet him. He narrated the incident to them.
He informed Balasaheb that Subhash was lying
in a injured condition near the bar.
Balasaheb then sent Rajendra and Ganesh to
look for Subhash at Majalgaon. After the dead
body was brought to village, he leanrt that
Subhash on account of the injuries died. He
130.2000 Cri.Appeal.odt
learnt that Subhash was admitted to Civil
Hospital, Beed and he died there. Since he
had severe pains, his brother took him to
Sailu for the treatment. He was not admitted
in private hospital as he had injuries.
Therefore, they went to Government Hospital
at Sailu. The Doctor said that since it was a
case of assault, therefore, he should get the
police report. Since he was having his house
at Sailu, they returned there, Majalgaon
Police immediately followed them, and brought
him to Majalgaon Primary Health Centre. The
Doctor treated him, and then he was brought
by the police to the Police Station. The
police made him to identify the four accused
i.e. 3 to 6. He identified them.
19. The police seized on the next day
the bill of Amar Permit Room issued by
accused no.1 Mohan under panchanama. The bill
shown to him is the same. It is at Exh.47.
130.2000 Cri.Appeal.odt
Thereafter, the Police seized his torn, blood
stained cloth shirt and pant under panchnama.
The police then took him to bar room for
drawing the panchanama. He pointed out the
spot of the incident to the Police. He can
identify his clothes seized by the police if
shown to him, which are at articles nos.5 and
6. The police also collected the blood from
the shutter and also from the wall near the
drainage. He would not be in a position to
identify the sticks and iron by which he was
assaulted, as he was perturbed and frightened
on account of the assault.
20. During his cross examination, he
admitted that he is fully aware about the
Government offices and Hospital in Majalgaon
town. He stayed there for considerable period
since the time of his education. He has
thorough knowledge about the Majalgaon town.
Even his maternal uncle is residing at
Majalgaon. He did state the location of the
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Amar Permit Room. He further admitted that
nearby the Amar permit room there is another
permit room called 'Girja' and on the west of
said permit room at a distance of 100 feet
there is a new bus stand. The said road,
which goes to the bus stand, is important
road of Majalgaon as all the shops, public
offices, hotels are on the said road. There
is flow of the vehicle on the said road even
during night time. In his cross examination,
he stated that while returning from Gadhe-
Pimpalgaon, he himself and Subhash decided to
stay at Majalgaon and to go to the Permit
Room, and therefore, they told others that
they wanted to stay back for taking meal.
They had no intention to take meals and
wanted to take drinks only as they had their
food at their host's house at Gadhe-
Pimpalgaon. They only took drinks, and did
not take meals. He stated that they went to
the Amar Permit Room. He stated details about
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the infrastructure in the said permit room.
He stated that the permit room remains open
upto 11.00 p.m. He admitted that they had
only consumed the first quarter of Royal Gold
and the other two quarters were taken with
them, which were to be consumed at the house
of his maternal uncle. They took about 15
minutes time in consuming the first quarter
booked by them. While going to the counter,
they had taken two quarter bottles with them.
He was carrying both bottles. He did not pay
bill. He was not willing to pay the bill. He
was willing to pay the bill, but according to
him, the bill given was exorbitant,
therefore, they did ask the permit owner
about the said exorbitant bill. However,
after 5-10 minutes, accused started
assaulting them, and they got frightened and
started raising cries. The incident of
assault lasted for 15-20 minutes. According
to him, during the said period neither any
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person from the permit room nor neighbour
hood came there. He was not able to state how
many blows of iron bar or stick blows were
given by accused to him. He ran away from the
spot. At that time Subhash was lying near the
drainage. Narayan [PW-4] ran away to save his
life. He further stated that he was at the
S.T.stand throughout the night. However, he
did not disclose this incident to anybody at
the S.T. stand. He could not sleep. He did
not pay attention as to whether there were
100 to 200 passengers at the S.T. stand. He
did not pay any attention as to whether the
buses were coming and going with passengers
getting down and boarding it. He did not pay
any attention as to whether there were auto-
rikshaws, jeeps near the S.T. stand or not.
At that time he did not get any memory either
of his maternal uncle or friends at
Majalgaon. He did not make any attempts to go
to them till morning. He did not go to the
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hospital as he was frightened. Even after
reaching to his village, he was frightened
due to severe injuries. He had neither gone
to Majalgaon Police Station nor meet the
Police at S.T. stand Majalgaon. He had not
spoken any of the co-passengers of his bus.
For the first time he disclosed the name of
the accused to his paternal uncle Balasaheb.
On that day, after he came to his house, he
did not go anywhere, and went to Sailu on the
next day i.e. 8th June, 1997. He went to the
private nursing home of Dr.Rodge, but he did
not treat him. Then he went to the Government
Hospital, Sailu, but he cannot tell the name
of the Doctor, who treated him. He stated
that he was wearing the same clothes, worn on
the day of the incident till Majalgaon Police
brought him to the Police Station. Even after
noticing the blood stained on his clothes,
nobody at Majalgaon, or at S.T. Stand, or any
passenger made any enquiry about how blood
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stains are appearing on his clothes.
If his [PW-4] cross examination is
perused carefully, it creates doubt in mind
that whether the alleged incident took place
in the said permit room or somewhere else.
His conduct appears to be unnatural. The
injuries suffered by him were simple in
nature. As already observed, the Medical
Officer, who examined him stated that, such
injuries sustained by him can be possible due
to fall. If the cross examination of
Dr.Kulkarni [PW-9] is carefully perused, he
stated that, in his admission papers he did
not mention the age of the injuries, and also
in P.M. notes. In column no. 20 against the
column of additional remark, he did mention
that the death must have occurred within 6
hours of taking the last meal. The patient
expired at 8.50 a.m., therefore, he by
approximation might have taken his meal
130.2000 Cri.Appeal.odt
around 2.30 a.m. In normal person who has
taken vegetarian food, the processing of his
stomach emptying time is 4 to 6 hours. A food
with carbohydrate is taken the emptying of
the stomach is fast and if it is rest with
proteins then it is slow. A food is taken
with alcohol it does not facilitate emptying
of stomach, more fast.
21. If the evidence of Narayan [PW-4] is
considered, it reveals that the incident had
taken place around 11.00 p.m. However, from
the evidence of the Medical Officer as stated
herein above, Subhash died at 8.50 a.m. and
he by approximation might have taken his meal
around 2.30 a.m., in that case the entire
alleged incident as stated by Narayan [PW-4]
appears to be completely concocted story
built by him. As already observed, the
conduct of Narayan [PW-4] to run away from
the spot, not to go to his uncle house, not
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to tell anybody till he reached to home, put
the question mark about his awareness and
reality of the incident.
22. The prosecution is trying to
suppress genesis of the incident. As already
observed, the medical history suggests that
the injuries suffered were accidental. Vijay
Bahir who brought the deceased to the
Hospital was not examined by the prosecution,
who could have thrown light on the
prosecution case.
23. We have carefully considered the
evidence brought on record by the
prosecution. The prosecution has not brought
on record the evidence showing that the
accused persons are running permit room and
owners of the said permit room, and the some
of them are working as waiters in the said
permit room.
130.2000 Cri.Appeal.odt
24. Upon appreciation of the entire
evidence, the trial Court in para 28 has
narrated about the silent features of
unnatural conduct of Narayan [PW-4]. Upon
scrutiny of the evidence, we find that the
findings recorded by the trial Court, and the
conclusion reached in para 28 are in
consonance with the evidence brought on
record by the prosecution. The trial Court,
upon minute scrutiny of the evidence brought
on record, has taken correct and possible
view, and reached to the conclusion in para
39 that, with the serious lacunas in the
medical evidence regarding the cause of
death, serious lapses and lacuna as regards
the injuries sustained by Narayan [PW-4], the
most perfunctory manner of investigation,
creates doubt about the occurrence of the
alleged incident as such, and therefore, the
respondents accused are entitled for the
benefit of doubt, and accordingly, the
130.2000 Cri.Appeal.odt
respondents accused have been acquitted by
the trial Court.
25. In the light of discussion in the
foregoing paragraphs, we are of the
considered view that, the trial Court has
correctly appreciated the evidence brought on
record by the prosecution and reached to the
conclusion that the respondents accused are
entitled for acquittal.
26. In that view of the matter, we do
not find any merit in the appeal filed by the
State, hence appeal stands dismissed.
27. For the same reasons, the Criminal
Revision Application No.429 of 1999 filed by
the informant also stands dismissed.
[S.M.GAVHANE] [S.S.SHINDE]
JUDGE JUDGE
DDC
