State Of Mah v. Hanmant @ Aba Bhausaha Magar And ORS

923 Appeal 637-2005

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 923 CRIMINAL APPEAL NO. 637 OF 2005 1.

The State of Maharashtra ... APPELLANT

VERSUS

1.

Hanmant @ Aba Babusha Magar 2.

Babusha Sopan Magar 3.

Pandurang @ Tatya Babusha Magar 4.

Rupabai Sopan Magar ... RESPONDENTS WITH CRIMINAL APPEAL NO. 638 OF 2005 1.

The State of Maharashtra ... APPELLANT

VERSUS

1.

Hanmant @ Aba Babusha Magar 2.

Babusha Sopan Magar 3.

Pandurang @ Tatya Babusha Magar 4.

Rupabai Sopan Magar ... RESPONDENTS ...

Mr. Dnyaneshwar J. Patil - APP for Appellant, State Mr. M.B. Kolpe - Advocate for Respondent Nos.1 to 4 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16th JANUARY, 2025 PER COURT :

CRIMINAL APPEAL NO. 638 OF 2005 1.

Learned A.P.P. for appellant/State and learned advocate for Pooja Kale 1/2

923 Appeal 637-2005 respondents pointed out and submitted that, this appeal was filed for enhancement of punishment as per Section 378(1) of the Criminal Procedure Code.

2.

Learned advocate for the respondents pointed out the judgment passed by the learned Adhoc Additional Sessions Judge, Osmanabad, Dist. Osmanabad in Criminal Appeal No.21of 2005 dated 05.12.2016, in which all the accused are acquitted for the offence punishable under Section 323 read with 34 of the Indian Penal Code. Therefore, this appeal becomes infructuous and disposed of accordingly.

CRIMINAL APPEAL NO. 637 OF 2005 3.

Learned advocate for the respondents submits that, respondent No.2 Babusha Sopan Magar has died on 20.11.2011. The appeal therefore abated against him. The copy of death certificate of respondent No.2 filed by learned advocate for the respondents is taken on record and marked as X-1 for identification. The appeal is dismissed against respondent No.2.

4.

List the appeal on 23rd January, 2025, for final hearing. [ SANJAY A. DESHMUKH, J. ] Pooja Kale 2/2