STATE OF MAHARASHTRA (THROUGH HATKANANGLE POLICE S Vs. AKKATAI SUBHASH PATIL
HIGH COURT OF BOMBAY
State Of Maharashtra (Through Hatkanangle Police S
Akkatai Subhash Patil
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Sandeep K. Shinde, J. -
(1.) The State has preferred this Appeal under Section 378(1) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 17.10.2001 passed by the 4th AdHoc Assistant Sessions Judge, Kolhapur in Sessions Case No.28 of 2001.
(2.) Heard Ms. Takalkar the learned APP for the State and Mr. Majgaonkar the learned counsel for the RespondentsAccused, who are eventually mother and son respectively (Hereinafter referred to as 'Accused').
(3.) Prosecution case in brief is as under:
Mr. Avinash Gopal Chandane who was working in Panchayat Samiti, District: Hatkanangale, Kolhapur reported to police that on 31.7.2000, accused in furtherance of their common intention used criminal force and assaulted him with an intent to deter and further prevent him to discharge his duties as public servant. He reported that accused no.1 was then exspeaker of Panchayat Samiti abused him in presence of the Block Development Officer for the reason that he did not accede to her demand of 'commission' relatable to construction project of Panchayat Samiti's building. He further reported that the accused in furtherance of their common intention being felt insulted for not acceding to their demand of commission, damaged the furniture of the office. On such a report, Crime No.70 of 2000 was registered on 1.4.2000. This was followed by the panchanama and statements of witnesses.;
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